VILLAVERDE v. SANTIAGO-APONTE

5020, 308521/08.

84 A.D.3d 506 (2011)

922 N.Y.S.2d 369

AMANDA VILLAVERDE, Respondent, v. M.A. SANTIAGO-APONTE et al., Appellants.

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

Decided May 10, 2011.


Plaintiff, a pedestrian, alleges that she was struck by defendants' right-turning truck while crossing the street within the crosswalk at a controlled intersection. Plaintiff claims the traffic light was in her favor at the time of the accident. Nevertheless, plaintiff's claim that she had the right-of-way hinges upon whether or not she was struck while in the crosswalk (see e.g. Fannon v Metropolitan Transp. Auth., 133 A.D.2d 211

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