Jellal v Brown

Jellal v Brown 2007 NY Slip Op 00993 [37 AD3d 179] February 6, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

Hinde Jellal, an Infant, by Her Father and Natural Guardian, Abderrahmane Jellal, et al., Appellants,
v
Althea Brown et al., Respondents.

—[*1] Argyropoulos & Bender, Astoria (Susan E. Paulovich of counsel), for appellants. Montfort, Healy, McGuire & Salley, Garden City (Donald S. Neumann, Jr. of counsel), for respondents.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered January 9, 2006, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant Althea Brown testified that upon seeing the infant plaintiff, who had no memory of the incident, she hit her brakes, blew her horn, and stopped the vehicle. It was also unrefuted that the infant plaintiff left the safety of the sidewalk, attempted to cross the roadway not at the crosswalk, and moved into the path of the vehicle. Under such circumstances, defendants were entitled to summary dismissal (see Sae Hyun Kim v Mirisis, 286 AD2d 761 [2001]; Johnson v Lovett, 285 AD2d 627 [2001]; Miller v Sisters of Order of St. Dominic, 262 AD2d 373 [1999], lv denied 94 NY2d 763 [2000]). Concur—Andrias, J.P., Marlow, Williams, Buckley and Malone, JJ.