Hill v Achiah

Hill v Achiah 2012 NY Slip Op 03880 Decided on May 17, 2012 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 17, 2012
Saxe, J.P., Sweeny, Acosta, Freedman, Román, JJ.
7686 300800/10

[*1]Fay Hill, Plaintiff-Appellant,

v

Emmanuel K. Achiah, et al., Defendants-Respondents.




Jason Levine, New York, for appellant.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White
Plains (Debra A. Adler of counsel), for respondents.

Order, Supreme Court, Bronx County (Mitchell Danziger, J.), entered December 27, 2011, which, in an action for personal injuries allegedly sustained when plaintiff pedestrian was struck by defendants' vehicle as she crossed the street, denied plaintiff's motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

Summary judgment in plaintiff's favor was properly denied since the conflicting accounts of plaintiff and defendant driver
raise triable issues of fact as to how the accident occurred (see Negron v Garcia, 85 AD3d 513 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 17, 2012

CLERK