ELAMIN v. ROBERTS EXPRESS INC (2002)

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

Shadia ELAMIN, Plaintiff-Respondent, v. ROBERTS EXPRESS, INC., et al., Defendants-Appellants.

Decided: January 15, 2002

ANDRIAS, J.P., ROSENBERGER, LERNER, BUCKLEY and MARLOW, JJ.

Laurence S. Warshaw, for Plaintiff-Respondent. Peter LoDuca, for Defendants-Appellants.

Order, Supreme Court, New York County (Richard Lowe III, J.), entered April 6, 2001, which denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Conflicting deposition testimony as to whether, as plaintiff claims, she was struck by defendants' vehicle while crossing the street, or whether, as defendants claim, the vehicle stopped before she came in contact with it, raises an issue of credibility inappropriate for resolution on a motion for summary judgment (see, Sanchez v. Finke, 288 A.D.2d 122, 733 N.Y.S.2d 387).

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