MONTES RODRIGUEZ v. CATALANO

2011-10729.

96 A.D.3d 821 (2012)

949 N.Y.S.2d 69

2012 NY Slip Op 4730

JACINTO Z. MONTES RODRIGUEZ, Respondent, v. EDWARD CATALANO et al., Appellants.

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

June 13, 2012.


Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is granted.

The defendants demonstrated their prima facie entitlement to judgment as a matter of law by providing evidence establishing that the plaintiff pedestrian entered a roadway from "between stopped cars," began crossing the roadway at a "fast" pace, and came into contact with the right, rear side of a moving bus, and thus crossed...

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