ELAMIN v. ROBERTS EXPRESS, INC.


290 A.D.2d 291 (2002)

735 N.Y.S.2d 549

SHADIA ELAMIN, Respondent, v. ROBERTS EXPRESS, INC., et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 15, 2002.


Conflicting deposition testimony as to whether, as plaintiff claims, she was struck by defendants' vehicle while crossing the street, or whether, as defendants claim, the vehicle stopped before she came in contact with it, raises an issue of credibility inappropriate for resolution on a motion for summary judgment (see, Sanchez v Finke, 288 A.D.2d 122

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