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BENEDIKT v. CERTIFIED LUMBER CORP.

60 A.D.3d 798 (2009)

875 N.Y.S.2d 526

ADINA BENEDIKT et al., Respondents, v. CERTIFIED LUMBER CORPORATION et al., Appellants, et al., Defendant.

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

Decided March 17, 2009.

Ordered that the order is affirmed, with costs.

The plaintiffs established a prima facie case for summary judgment in their favor on the issue of liability by demonstrating that the defendant driver failed to yield the right-of-way to the injured plaintiff Adina Benedikt, who was crossing the street within the crosswalk with the pedestrian "WALK" signal in her favor (see Zabusky v Cochran, 234 A.D.2d 542 [1996]; Jermin...

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