ROSARIO v. BENMERGUI


6 A.D.3d 311 (2004)

775 N.Y.S.2d 133

JUAN ROSARIO, Appellant, v. ISAAC BENMERGUI et al., Respondents.

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

April 22, 2004.


Plaintiff in this negligence action was allegedly struck by a vehicle operated by defendant Diana Benmergui as he crossed the street. Inasmuch as the conflicting deposition testimony raises triable issues, among them whether the traffic signal was in plaintiff's or defendant's favor as plaintiff crossed and defendant proceeded into the intersection, summary judgment on the issue of liability was properly denied (see Carrozzi v Gotham Meat Corp., 181...

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