STRAUSS v. BILLIG

3540, 106108/08.

78 A.D.3d 415 (2010)

909 N.Y.S.2d 724

FRANKLIN STRAUSS et al., Appellants, v. HEMDA BILLIG, Respondent, and Third-Party Plaintiff. CASTLE VILLAGE OWNERS CORP., Third-Party Defendant-Respondent.

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

Decided November 4, 2010.


Plaintiffs established their entitlement to judgment as a matter of law in this action where plaintiff Franklin Strauss was injured when, while walking on a sidewalk, he was struck by a vehicle driven by defendant as it was turning into a driveway on premises owned by third-party defendant. Contrary to the motion court's findings, triable issues regarding plaintiff's comparative negligence in allegedly failing to keep a proper lookout for traffic in light of his testimony...

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