WEIN v. ROBINSON

6877, 117223/09.

92 A.D.3d 578 (2012)

939 N.Y.S.2d 364

2012 NY Slip Op 1352

BEATRICE E. WEIN et al., Appellants, v. RICKIE A. ROBINSON, Respondent.

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

Decided February 23, 2012.


Plaintiff pedestrian alleges that she was injured when, while crossing the street within the crosswalk, she was struck by defendant's SUV. Plaintiff also cites to the police report noting defendant's statement that he struck plaintiff "while in the crosswalk." In contrast, defendant driver, at his deposition, denied making that statement to the responding officer, and testified that he did not see anyone in the crosswalk or on the sidewalk approaching the crosswalk prior...

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