Kirchgaessner v. Hernandez

Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered April 5, 2006, which, insofar as appealed from, granted plaintiffs motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

Uncontradicted eyewitness deposition testimony and police investigative evidence establish that plaintiffs decedent was crossing the six-lane Sixth Avenue from the northeast to the northwest corner, in the crosswalk with a favorable walk signal, when she was hit by the rear, right side of defendants’ long-bed truck. The truck had a green light, and its driver,…