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ROSADO v. CITY OF NEW ROCHELLE

2018-08014. Index No. 64178/15.

197 A.D.3d 582 (2021)

153 N.Y.S.3d 71

2021 NY Slip Op 04675

Paula C. Rosado et al., Appellants, v. City of New Rochelle, Respondent.

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

Decided August 11, 2021.

Attorney(s) appearing for the Case

DeGraff, Foy & Kunz, LLP, Albany, NY ( David F. Kunz and George J. Szary of counsel), for appellants.

O'Connor, McGuinness, Conte, Doyle, Oleson, Watson & Loftus, LLP, White Plains, NY ( Heather Haralambides of counsel), for respondent.

Rivera, J.P., Austin, Duffy and Barros, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is denied.

On July 1, 2014, Paula C. Rosado (hereinafter the injured plaintiff) was walking in a crosswalk, with the pedestrian light in her favor, at the intersection of North Avenue and Fifth Avenue in the City of New Rochelle, when she was struck by a vehicle operated by nonparty Gianna Parente. The accident occurred while Parente...

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