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Fay Hill, Plaintiff-Appellant v. Emmanuel K. Achiah

May 17, 2012

FAY HILL, PLAINTIFF-APPELLANT,
v.
EMMANUEL K. ACHIAH, ET AL., DEFENDANTS-RESPONDENTS.



Hill v Achiah

Decided on May 17, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Saxe, J.P., Sweeny, Acosta, Freedman, Roman, JJ.

Order, Supreme Court, Bronx County (Mitchell Danziger, J.), entered December 27, 2011, which, in an action for personal injuries allegedly sustained when plaintiff pedestrian was struck by defendants' vehicle as she crossed the street, denied plaintiff's motion for summary judgment on the issue of liability, unanimously affirmed, without costs.

Summary judgment in plaintiff's favor was properly denied since the conflicting accounts of plaintiff and defendant driver raise triable issues of fact as to how the accident occurred (see Negron v Garcia, 85 AD3d 513 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 17, 2012

CLERK

20120517

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