Juan Rosario v Isaac Benmergui

Rosario v Benmergui 2004 NY Slip Op 03028 [6 AD3d 311] April 22, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2004

Juan Rosario, Appellant,
v
Isaac Benmergui et al., Respondents.

—[*1]

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered on or about October 31, 2003, which denied plaintiff's motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Plaintiff in this negligence action was allegedly struck by a vehicle operated by defendant Diana Benmergui as he crossed the street. Inasmuch as the conflicting deposition testimony raises triable issues, among them whether the traffic signal was in plaintiff's or defendant's favor as plaintiff crossed and defendant proceeded into the intersection, summary judgment on the issue of liability was properly denied (see Carrozzi v Gotham Meat Corp., 181 AD2d 587 [1992]). Concur—Andrias, J.P., Williams, Friedman, Marlow and Gonzalez, JJ.