Assuming, arguendo, that plaintiff satisfied her initial burden on the motion with evidence that defendants' vehicle hit her as she was crossing the street in the crosswalk, with a green light and walk sign in her favor, she would not be entitled to summary judgment. Issues of fact as to plaintiff's comparative negligence are raised by (1) plaintiff's statement in her affidavit that she did not see defendants' vehicle before she was struck (see Thoma v Ronai,
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LOPEZ v. GARCIA
1514.
67 A.D.3d 558 (2009)
889 N.Y.S.2d 174
2009 NY Slip Op 08496
MELISSA LOPEZ, Respondent, v. JESUS GARCIA et al., Appellants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided November 19, 2009.
Decided November 19, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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