Steinhaus v. American Home Products Corp.

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered February 24, 2004, which denied defendant American Home Products’ motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

While he was crossing Lexington Avenue at the intersection with East 60th Street, plaintiff was struck and knocked down by a truck that left the scene of the accident. At a deposition conducted in connection with plaintiffs application for no-fault insurance benefits, he testified that it was still dark at about 6:40 am. on December 9, 1998, as he waited…