Hill v Achiah
2012 NY Slip Op 03880 [95 AD3d 646]
May 17, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 27, 2012


Fay Hill, Appellant,
v
Emmanuel K. Achiah et al., Respondents.

[*1] Jason Levine, New York, for appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Debra A. Adler of counsel), for respondents.

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]). Concur—Saxe, J.P., Sweeny, Acosta, Freedman and Román, JJ.