SYLVESTER v. VELEZ

2781, 157938/12.

146 A.D.3d 599 (2017)

2017 NY Slip Op 00390

44 N.Y.S.3d 742

GEORGE SYLVESTER, Appellant, v. EMILIO VELEZ, Respondent.

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

Decided January 19, 2017.


Plaintiff pedestrian testified that he was struck by defendant's vehicle while crossing the street within the crosswalk, but conceded that he did not have the right of way when he entered the street (see Santo-Perez v Enterprise Leasing Co., 126 A.D.3d 621 [1st Dept 2015]; Vehicle and Traffic Law § 1112; 34 RCNY 4-04 [b] [2]). Nevertheless, when viewing the evidence in the light most favorable to plaintiff, triable issues of...

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