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PARRINELLO v. DAVIS

2 A.D.3d 610 (2003)

768 N.Y.S.2d 348

LOUIS J. PARRINELLO et al., Respondents, v. BRUCE T. DAVIS et al., Appellants.

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

December 15, 2003.

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 (

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