Garner v. Fox
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In a negligence action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Rosato, J.), entered October 13, 1998, which denied her motion for partial summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
*526The Supreme Court was correct in denying the plaintiffs motion for partial summary judgment on the issue of liability in this negligence action stemming from a motor vehicle/ pedestrian accident. There exist triable issues of fact as to whether the plaintiff pedestrian was comparatively…
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