RAWLS v. SIMON

5331, 305509/14.

157 A.D.3d 418 (2018)

66 N.Y.S.3d 126

2018 NY Slip Op 00016

DARRYLS RAWLS, Respondent, v. DAVID SIMON et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 2, 2018.


Triable issues of fact exist in this action where plaintiff pedestrian was struck by defendants' vehicle. The record shows that the parties disagree about where the accident occurred with plaintiff asserting that he emerged from the back of a bus, raising an issue as to whether defendant driver had an opportunity to see him prior to the collision, whereas defendant maintains that plaintiff stepped out from in front of the bus, giving him no time to react. Moreover, defendant...

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