Opinion
05-16-2017
Claudia EVART, Plaintiff–Appellant, v. Stefano TERZI, et al., Defendants–Respondents.
Ogen & Sedaghati, P.C., New York (Eitan A. Ogen of counsel), for appellant. Crisci Wesier & McCarthy, New York (Erin M. Crowley of counsel), for respondents.
Ogen & Sedaghati, P.C., New York (Eitan A. Ogen of counsel), for appellant.
Crisci Wesier & McCarthy, New York (Erin M. Crowley of counsel), for respondents.
Order, Supreme Court, New York County (Leticia M. Ramirez, J.), entered January 4, 2017, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.Plaintiff made a prima facie showing in support of her motion for partial summary judgment by averring that she was lawfully in the crosswalk with the pedestrian signal in her favor when she was struck by defendants' car. However, in opposition, defendants presented alternative theories as to the cause of the accident, thereby raising triable issues that preclude partial summary judgment (see Mitchell v. Maguire Co., Inc., 151 A.D.2d 355, 356, 542 N.Y.S.2d 603 [1st Dept.1989] ).
FRIEDMAN, J.P., RICHTER, MOSKOWITZ, GISCHE, KAPNICK, JJ., concur.