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BEAMUD v. GRAY
Appellate Division of the Supreme Court of New York, First Department.
Nov 1, 2007
Plaintiffs made a prima facie showing of their entitlement to judgment as a matter of law by demonstrating they were crossing the street, within the crosswalk, with the light in their favor, when they were struck by defendant's vehicle, which was making a left turn ( See Hoey v City of New York, 28 AD3d 717; Zabusky v Cochran, 234 AD2d 542). Defendant's unsupported speculation as to plaintiffs' alleged comparative negligence was insufficient to raise an issue of fact ( see Jermin v APA Truck Leasing Co., 237 AD2d 255).
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