Persaud v. Shark Patrol, Inc.

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered April 5,1999, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant motorist’s deposition testimony to the effect that, although he was driving on a straight and level roadway at a safe speed, he never saw plaintiff’s decedent crossing the street, *42itself raises an issue as to whether defendant motorist was driving with due care at the time of the accident in question (see, Weigand v United Traction Co., 221 NY 39, 42). Defendants’ argument that the decedent’s…