Evart v. Stefano

Evart v Terzi (2017 NY Slip Op 03905)

Evart v Terzi

2017 NY Slip Op 03905

Decided on May 16, 2017

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 16, 2017
Friedman, J.P., Richter, Moskowitz, Gische, Kapnick, JJ.

4028 161123/15

[*1]Claudia Evart, Plaintiff-Appellant,

v

Stefano Terzi, et al., Defendants-Respondents.

Ogen & Sedaghati, P.C., New York (Eitan A. Ogen of counsel), for appellant.

Crisci Wesier & McCarthy, New York (Erin M. Crowley of counsel), for respondents.

Order, Supreme Court, New York County (Leticia M. Ramirez, J.), entered January 4, 2017, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

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 McGuire Co., Inc. , 151 AD2d 355, 356 [1st Dept 1989]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 16, 2017

CLERK