Myrie v. Atehortua

—In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Milano, J.), dated October 7, 1999, which granted the plaintiffs’ motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

The defendant driver, Eddie Atehortua, struck the injured plaintiff’s vehicle after it had been completely stopped for “a few seconds” because two pedestrians were crossing the street in front of her car. The defendant driver acknowledged at his examination before trial that he saw the injured…