GALO v. CUNNINGHAM

2012-10908.

106 A.D.3d 865 (2013)

965 N.Y.S.2d 571

2013 NY Slip Op 3452

DANILO GALO, Respondent, v. JOHN M. CUNNINGHAM, Appellant.

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

Decided May 15, 2013.


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

The plaintiff testified at a deposition that, on the afternoon of April 8, 2008, he attempted to cross Fulton Avenue in Hempstead, a four-lane east-west avenue with parking lanes on either side, in the middle of the block, approximately 200 feet west of its intersection with Main Street. While he was standing in the parking...

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