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QUINTAVALLE v. PEREZ

303665/14, 794.

139 A.D.3d 182 (2016)

30 N.Y.S.3d 81

2016 NY Slip Op 03126

PATRICK QUINTAVALLE, Appellant, v. NESTOR PEREZ, III, et al., Respondents.

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

Decided April 26, 2016.

Attorney(s) appearing for the Case

Harris J. Zakarin, P.C., Melville ( Harris J. Zakarin of counsel) and Robinson & Yablon, P.C., New York City, for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York City ( Nicholas P. Hurzeler of counsel), for respondents.

FRIEDMAN, J.P., SWEENY, SAXE, RICHTER and KAHN, JJ., concur.

OPINION OF THE COURT

This appeal requires us to consider the application of case law holding that a pedestrian who crosses in the crosswalk with the right-of-way may still be held comparatively negligent, if he failed to notice an oncoming vehicle that could be seen by the use of ordinary attention. On the facts presented here...

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