DE DIAZ v. KLAUSNER

Index No. 30368/19. Appeal No. 14353. Case No. 2021-00931.

198 A.D.3d 475 (2021)

156 N.Y.S.3d 16

2021 NY Slip Op 05624

Evelin Aguilera De Diaz, Appellant, v. Ronald B. Klausner, Respondent.

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

Decided October 14, 2021.


Attorney(s) appearing for the Case

Weiss & Rosenbloom, P.C., New York ( Andrea R. Krugman of counsel), for appellant.

Varvaro, Cotter & Bender, White Plains ( Stephen J. Cassels of counsel), for respondent.

Concur—Gische, J.P., Moulton, González, Kennedy, Scarpulla, JJ.


Plaintiff made a prima facie showing of her entitlement to judgment as a matter of law by demonstrating that she was crossing the street, within the crosswalk, with the light in her favor, when she was struck by defendant's vehicle, which was making a left turn (see Krieger v Glatter, 129 A.D.3d 536 [1st Dept 2015]). In opposition, defendant raised a triable issue of fact based on his version of the accident, which conflicted with...

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