ROBLES v. CITY OF NEW YORK

10139-350622/09, 10140.

106 A.D.3d 571 (2013)

966 N.Y.S.2d 29

2013 NY Slip Op 3606

EDGARDO ROBLES, an Infant, by His Mother and Natural Guardian, MARIA SOTO, et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided May 21, 2013.


The injured plaintiff testified that he was hit by defendant's car as he was crossing the street, in the crosswalk, with a pedestrian walk signal in his favor, and submitted an affidavit of his cousin supporting his version of the accident. Defendant testified that he observed a green light as he entered the intersection, and did not see anyone in the crosswalk prior to the impact. Even without considering hearsay evidence suggesting that the teenage plaintiff suddenly ran...

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