Dubray v. Pratt

—Lahtinen, J.

Appeal from an order of the Supreme Court (Canfield, J.), entered October 31, 2000 in Rensselaer County, which denied defendant’s motion for summary judgment dismissing the complaint.

In the early evening of April 7, 1997, plaintiff Tia K. Dubray (hereinafter plaintiff) was walking with two friends on the sidewalk bordering the southbound lane of Pawling Avenue in the City of Troy, Rensselaer County. Plaintiff and her companions left the sidewalk and began to cross the street in an easterly direction. A motorist in the southbound lane waved at plaintiff and her companions and used…