Both sides agree on the following facts: at seven p.m. one Friday, plaintiff, needing to change his vehicle's tire, put down two reflectors to close an entire lane of traffic on Seventh Avenue between 39th and 40th Streets in Manhattan. While he was working on it, a taxi pulled up between the reflectors to drop off a passenger and pick up new passengers. As the taxi pulled away, it ran over one of the reflectors. The taxi driver stopped, and plaintiff approached the vehicle. There are two very different versions of what happened next. Plaintiff says he put his arms on the frame of the taxi's open window, and politely asked the driver to pay for the broken reflector. The taxi driver, though, says that plaintiff, armed with a pipe, approached the taxi, yelling, "You are going to pay for this." With that, and at the insistence of his passengers, who urged, repeatedly, "Move, move, move. Go, go. He's crazy. He's going to kill us," the taxi driver says he drove away from the scene, unaware of his having run over plaintiff's foot. That was enough to merit a comparative negligence charge, according to the First Department, in Hazel v. Nika, which was decided on May 22, 2007. The court noted that, even though the taxi driver testified that plaintiff never got closer to the taxi than six or seven meters, plaintiff's own testimony put him at the taxi's window, "close enough for the taxicab to make physical contact with his foot and right knee, thereby allegedly causing his injuries." The court further noted that, "Juries are empowered to dissect the testimony of witnesses to accept what is credible and reject what is not."