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NAZARIO v. KOHTIO

49 A.D.3d 429 (2008)

852 N.Y.S.2d 841

SAMUEL NAZARIO, Respondent, v. ANTHONY L. KOHTIO, Appellant.

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

Decided March 20, 2008.

Summary judgment was properly denied in this action where plaintiff alleges he was injured when he was struck by defendant's motor vehicle while crossing the street. Defendant failed to make a prima facie showing of entitlement to judgment as a matter of law since there exist triable issues as to whether defendant exercised due care to avoid the collision (see Vehicle and Traffic Law § 1146), and whether plaintiff was...

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