NESPER v. GOLDMAG HACKING CORP

Although plaintiff made a prima facie showing of entitlement to summary judgment on the issue of liability by supplying an affidavit stating that she was struck by defendant's vehicle while crossing a street in a crosswalk with the green light, defendant met his burden of establishing the existence of material issues of fact requiring a trial by stating in his affidavit that his vehicle never struck plaintiff ( see Alvarez v Prospect Hosp., 68 NY2d 320, 324). Defendant's affidavit did not contradict his statement to the police so as to warrant rejecting it as a belated attempt to avoid the consequences of an earlier admission. Accordingly, there was no basis for the grant of partial summary judgment to plaintiff.