| Cator v Filipe |
| 2008 NY Slip Op 00217 [47 AD3d 664] |
| January 15, 2008 |
| Appellate Division, Second Department |
| Mahalia Cator, Appellant, v Jose Filipe,Respondent. |
—[*1] Robert P. Tusa (Shapiro, Beilly, Rosenberg & Aronowitz, LLP, New York, N.Y. [RoyKarlin] of counsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Queens County (Weiss, J.), entered November 20, 2006, which denied hermotion for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiff pedestrian was crossing the street within a crosswalk with the traffic light in herfavor, when she was struck by the defendant's vehicle as it was making a left turn. While thedefendant failed to yield the right of way to the plaintiff in apparent violation of Vehicle andTraffic Law § 1112 (a), the plaintiff testified at her deposition that she had not looked toher left or right while crossing the street. Under the circumstances, the plaintiff failed to meet herburden of demonstrating her prima facie entitlement to judgment as a matter of law on the issueof liability (see Friends of Animals v Associated Fur Mfrs., 46 NY2d 1065, 1067[1979]), since a triable issue of fact exists as to her comparative negligence (see Thoma vRonai, 82 NY2d 736 [1993]; Albertv Klein, 15 AD3d 509 [2005]; Schmidt v Flickinger Co., 88 AD2d 1068[1982]).
Our holding in Hoey v City of NewYork (28 AD3d 717 [2006]) is distinguishable since, in that case, the plaintiffdemonstrated that he had been observing vehicles making turns at the time of the accident. Ritter,J.P., Miller, Dillon and Angiolillo, JJ., concur.