McFADDEN v. BRUNO


37 A.D.3d 177 (2007)

829 N.Y.S.2d 74

LESLIE McFADDEN, Appellant, v. MERCEDES BRUNO et al., Respondents. (And a Third-Party Action.)

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

Decided February 6, 2007.


Plaintiff was injured when she rode her bicycle into the door of a parked car after the individual defendant had opened it in the cyclist's path while exiting. Plaintiff's contradictory statements regarding the speed at which she was traveling, as well as the conflicting testimony regarding how far the door was open when she rode into it, raise triable issues regarding credibility and comparative fault that are not appropriate for resolution on a motion for summary judgment...

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