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HOPKINS v. HABER

39 A.D.3d 471 (2007)

835 N.Y.S.2d 233

DOROTHY HOPKINS et al., Appellants, v. CAROL P. HABER et al., Respondents.

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

Decided April 3, 2007.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to establish, prima facie, that the defendant driver's alleged negligence in the operation of her vehicle was the sole proximate cause of the accident (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]). Here, a triable issue of fact exists as to whether the plaintiffs' decedent was crossing the street within the crosswalk and whether she contributed...

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