DECISION ORDER
ORDERED that the order dated April 18, 2002, is reversed insofar as appealed from, on the law, with costs, the order dated February 14, 2002, is vacated, and the motion for summary judgment on the issue of liability is denied.
Contrary to the plaintiff's contention, there are triable issues of fact as to whether the plaintiff pedestrian was comparatively negligent for, inter alia, failing to exercise due care when crossing the roadway in a place other than an intersection or a crosswalk (see Ruocco v. Mulhall, 281 A.D.2d 406; Garner v. Fox, 265 A.D.2d 525; Vehicle and Traffic Law § 1152[a]; see generally Thoma v. Ronai, 189 A.D.2d 635, affd 82 N.Y.2d 736), and whether the defendant motorist exercised due care to avoid the accident (see Garner v. Fox, supra; Finkel v. Benoit, 211 A.D.2d 749; Vehicle and Traffic Law § 1146).
ALTMAN, J.P., SMITH, McGINITY and COZIER, JJ., concur.