ELAMIN v. ROBERTS EXPRESS, INC

Conflicting deposition testimony as to whether, as plaintiff claims, she was struck by defendants' vehicle while crossing the street, or whether, as defendants claim, the vehicle stopped before she came in contact with it, raises an issue of credibility inappropriate for resolution on a motion for summary judgment (see, Sanchez v. Finke, 288 A.D.2d 122, 2001 N.Y. A.D. LEXIS 11101).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.