A pedestrian accident and comparative negligence.

The Second Department denied plaintiff's summary judgment motion, in Cator v. Filipe, which was decided on January 15, 2008. Plaintiff-pedestrian was crossing the street within a crosswalk, with the traffic light, when she was struck by defendant's vehicle as it was making a left turn. While defendant failed to yield the right of way to plaintiff, in apparent violation of Vehicle and Traffic Law § 1112(a), plaintiff testified at her deposition that she had not looked to her left or right while crossing the street. On these facts, plaintiff failed to meet her burden of demonstrating her entitlement to judgment as a matter of law on the issue of liability, since a triable issue of fact exists as to her comparative negligence.