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LEDBETTER v. JOHNSON

Appellate Division of the Supreme Court of New York, Second Department.
Mar 28, 2006
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Ordered that the order is affirmed, with costs.

The defendant established her prima facie entitlement to judgment as a matter of law by providing evidence that the infant plaintiff darted out from between two parked vehicles, away from a crosswalk, directly into the path of the defendant's vehicle, leaving the defendant unable to avoid contact with the infant plaintiff ( see Vehicle and Traffic Law ยง 1152 [a]; Mancia v. Metropolitan Tr. Auth. Long Is. Bus, 14 AD3d 665; Sheppeard v. Murci, 306 AD2d 268; Sae Hyun Kim v. Mirisis, 286 AD2d 761). In opposition, the infant plaintiff's deposition testimony raised a triable issue of fact as to whether the defendant operated her vehicle in a negligent manner. Accordingly, the defendant's motion for summary judgment was properly denied.