MELCHIORRE v. DREISCH

2011-07215.

95 A.D.3d 845 (2012)

942 N.Y.S.2d 892

2012 NY Slip Op 3419

ANNE MARIE MELCHIORRE, Respondent, v. MATTHEW N. DREISCH, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 1, 2012.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment on the issue of liability is denied.

In support of her motion for summary judgment on the issue of liability, the plaintiff failed to establish, prima facie, that she used due care in crossing the street and, thus, that the defendant's alleged negligent operation of his vehicle was the sole proximate cause of the accident (see Thoma v Ronai,

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