Vanni v. Bartman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*672In an action, inter alia, to recover damages for wrongful death, the defendant appeals from an order of the Supreme Court, Queens County (Kelly, J.), dated October 10, 2003, which denied his motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The Supreme Court properly denied the defendant’s motion for summary judgment dismissing the complaint. The defendant failed to establish, as a matter of law, that the conduct of the plaintiffs decedent in crossing the street at a location other than an intersection was the sole proximate cause of the…
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