DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, and the motion is denied.
There is an issue of fact as to whether, by virtue of his "crossing a roadway at [a] point other than within a marked crosswalk or within an unmarked crosswalk at an intersection" (Vehicle and Traffic Law § 1152[a]; see also Vehicle and Traffic § 110[a],[b]), the injured plaintiff was negligent in a manner that contributed to the occurrence of the accident ( see Dragunova v. Dondero, 305 A.D.2d 449; Ruocco v. Mulhall, 281 A.D.2d 406; Garner v. Fox, 265 A.D.2d 525; Shachnow v. Myers, 229 A.D.2d 432; Rodriguez v. Robert, 47 A.D.2d 548; Hogeboom v. Protts, 30 A.D.2d 618). The existence of this issue of fact precludes the grant of summary judgment on the issue of liability in favor of the plaintiffs ( see e.g. Abramov v. Campbell, 303 A.D.2d 697; Bodner v. Greenwald, 296 A.D.2d 564; King v. Washburn, 273 A.D.2d 725).
SMITH, J.P., McGINITY, LUCIANO and TOWNES, JJ., concur.