Summary
In Elamin v. Roberts Express, 290 A.D.2d 291 (1st Dep't, 2002) the conflicting testimony was whether the car stopped first or whether plaintiff was struck crossing the street.
Summary of this case from Salmon v. MickelsonOpinion
5842
January 15, 2002.
Order, Supreme Court, New York County (Richard Lowe III, J.), entered April 6, 2001, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
LAURENCE S. WARSHAW, for plaintiff-respondent.
PETER LODUCA, for defendants-appellants.
Before: Andrias, J.P., Rosenberger, Lerner, Buckley, Marlow, JJ.
Conflicting deposition testimony as to whether, as plaintiff claims, she was struck by defendants' vehicle while crossing the street, or whether, as defendants claim, the vehicle stopped before she came in contact with it, raises an issue of credibility inappropriate for resolution on a motion for summary judgment (see, Sanchez v. Finke, 288 A.D.2d 122, 2001 N.Y. A.D. LEXIS 11101).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.