Herrmann v. Giovanniello

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Marber, J.), entered February 23, 2017, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff was struck by a motor vehicle driven by the defendant Salvatore Giovanniello as the plaintiff was crossing Merrick Road in Freeport outside of a crosswalk or intersection. Giovanniello testified, at his deposition, that the plaintiff was standing in a westbound traffic lane when…