DRAGUNOVA v. DONDERO


305 A.D.2d 449 (2003)

758 N.Y.S.2d 819

JULIE DRAGUNOVA, Respondent, v. DONNA DONDERO et al., Appellants.

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

Decided May 12, 2003.


Ordered that the order dated April 18, 2002, is reversed insofar as appealed from, on the law, with costs, the order dated February 14, 2002, is vacated, and the motion for summary judgment on the issue of liability is denied.

Contrary to the plaintiff's contention, there are triable issues of fact as to whether the plaintiff pedestrian was comparatively negligent for, inter alia, failing to exercise due care when crossing the roadway in a place other than an intersection...

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