MARTE v. CITY OF NEW YORK

6933, 101769/09.

92 A.D.3d 618 (2012)

939 N.Y.S.2d 401

2012 NY Slip Op 1510

NARCITA G. MARTE, Appellant, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY TRANSIT AUTHORITY et al., Respondents.

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

Decided February 28, 2012.


An issue of fact exists as to whether plaintiff had the right-of-way when she was hit by a bus (see Vehicle and Traffic Law § 1111 [a] [1]; § 1112 [a]; see also Calcano v Rodriguez, 91 A.D.3d 468, 468-469 [2012]). Although a nonparty witness asserted in an affidavit that plaintiff "had the green/walk signal and was walking within the crosswalk" when she was hit by the bus, defendant bus driver testified that she...

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