Opinion
2003-06030.
Decided December 15, 2003.
In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Klein, J.), dated May 15, 2003, which granted the plaintiffs' motion for summary judgment on the issue of liability.
Ted M. Tobias, Melville, N.Y. (Thomas B. Ferris of counsel), for appellants.
Rosenberg Gluck, LLP, Holtsville, N.Y. (Michael V. Buffa of counsel), for respondents.
Before: DANIEL F. LUCIANO, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, and the motion is denied.
There is an issue of fact as to whether, by virtue of his "crossing a roadway at [a] point other than within a marked crosswalk or within an unmarked crosswalk at an intersection" (Vehicle and Traffic Law § 1152[a]; see also Vehicle and Traffic § 110[a],[b]), the injured plaintiff was negligent in a manner that contributed to the occurrence of the accident ( see Dragunova v. Dondero, 305 A.D.2d 449; Ruocco v. Mulhall, 281 A.D.2d 406; Garner v. Fox, 265 A.D.2d 525; Shachnow v. Myers, 229 A.D.2d 432; Rodriguez v. Robert, 47 A.D.2d 548; Hogeboom v. Protts, 30 A.D.2d 618). The existence of this issue of fact precludes the grant of summary judgment on the issue of liability in favor of the plaintiffs ( see e.g. Abramov v. Campbell, 303 A.D.2d 697; Bodner v. Greenwald, 296 A.D.2d 564; King v. Washburn, 273 A.D.2d 725).
SMITH, J.P., McGINITY, LUCIANO and TOWNES, JJ., concur.