SINGH V. REAGAN – 118 A.D.3D 1474 (4TH DEP’T 2014)

The Erie County Supreme Court initially granted Defendant’s summary judgment motion on the issue of negligence and dismissed the Plaintiff’s claim based on the fact that he had darted out into traffic. The Plaintiff appealed the decision and the Appellate Division 4th Department found that the “Defendant established her prima facie entitlement to judgment as a matter of law by establishing that plaintiff stepped into the roadway from between stopped vehicles, two or three car lengths behind the crosswalk and directly into the path of defendant’s vehicle, leaving the defendant driver unable to avoid contact with plaintiff.” (Internal citations omitted).

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