EVART v. TERZI

4028. 161123/15.

150 A.D.3d 514 (2017)

2017 NY Slip Op 03905

52 N.Y.S.3d 223

CLAUDIA EVART, Appellant, v. STEFANO TERZI et al., Respondents.

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

Decided May 16, 2017.


Plaintiff made a prima facie showing in support of her motion for partial summary judgment by averring that she was lawfully in the crosswalk with the pedestrian signal in her favor when she was struck by defendants' car. However, in opposition, defendants presented alternative theories as to the cause of the accident, thereby raising triable issues that preclude partial summary judgment (see Mitchell v Maguire Co., 151 A.D.2d 355

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