MARQUIS v. EISENSTEIN

ORDERED that the order is affirmed, with costs.

The plaintiffs failed to submit evidence sufficient to establish their entitlement to summary judgment on the issue of liability ( see Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851; Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Zuckerman v. City of New York, 49 N.Y.2d 557). Questions of fact exist as to whether the plaintiff pedestrian was negligent in crossing the roadway in a place other than an intersection or a crosswalk, and whether the defendant driver failed to exercise due care to avoid the accident ( see Schager v. Lino Bordi, Inc., 2 A.D.3d 828; Dragunova v. Dondero, 305 A.D.2d 449, 450; Garner v. Fox, 265 A.D.2d 525, 526).

RITTER, J.P., GOLDSTEIN, TOWNES and CRANE, JJ., concur.