SANTO-PEREZ v. ENTERPRISE LEASING CO.

14638, 309974/11

126 A.D.3d 621 (2015)

3 N.Y.S.3d 607

2015 NY Slip Op 02567

ROBERTO SANTO-PEREZ, Appellant, v. ENTERPRISE LEASING COMPANY et al., Defendants, and ANTHONY A. HILL, Respondent.

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

Decided March 26, 2015.


Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered on or about November 19, 2013, which granted defendant Anthony A. Hill's motion for summary judgment dismissing the complaint as against him, unanimously reversed, on the law, without costs, and the motion denied.

While the fact that plaintiff was crossing the street on foot outside of the crosswalk, in violation of Vehicle and Traffic Law § 1152 (a), is evidence of negligence on his part...

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