Ordered that the order is affirmed insofar as appealed from, with costs.
The injured plaintiff Jill Haggerty alleges that on December 1, 2004 she was motioned by the defendant that it was safe for her to cross the street in front of his vehicle. However, after the plaintiff crossed in front of the defendant's vehicle, she was struck by a car driven by a nonparty, Stephen Kuhn, and sustained injury. It is further alleged that at the time of the accident, the defendant...
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