RODRIGUEZ v. ARELOINA

2015-03949, Index No. 18138/12.

137 A.D.3d 892 (2016)

26 N.Y.S.3d 598

2016 NY Slip Op 01658

JUAN A. RODRIGUEZ, Respondent, v. MOISES A. ARELOINA et al., Appellants.

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

Decided March 9, 2016.


Ordered that the order is affirmed, with costs.

This action arises from an accident that occurred on August 31, 2009 when a vehicle operated by the defendant Moises A. Areloina and owned by the defendant Maria P. Witherspoon struck the plaintiff, a pedestrian, while he was crossing a street at a point other than an intersection or crosswalk.

The Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint on the ground...

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