Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint. The defendant failed to establish, as a matter of law, that the conduct of the plaintiff's decedent in crossing the street at a location other than an intersection was the sole proximate cause of the accident, and that he was free from negligence in failing to avoid a collision with the plaintiff's decedent (see...
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