REIN v. CAB EAST LLC

Full title: TRACY REIN, Plaintiff, v. CAB EAST LLC, FORD MOTOR CREDIT COMPANY, LLC and

Court: United States District Court, S.D. New York

Date published: Jun 22, 2009

Facts

The undisputed facts of this case are not complex. On the evening of December 19, 2007, Defendant Dahms struck Plaintiff Rein with his car, a 2007 Ford Explorer, in or near the intersection of Seventh Avenue and 39th Street in Manhattan. Dahms was turning left at the intersection, and Rein was crossing the street with the light in her favor. The impact knocked Rein to the ground, and she suffered injuries. The parties dispute whether Rein was within the boundaries of the crosswalk at the time Dahms struck her, and whether Rein contributed in any way to her accident by darting in front of Dahms’ vehicle.

Issue

Decision

Defendant Cab East’s and Defendant Ford Credit’s motion for summary judgment is granted, and Plaintiff’s motion for partial summary judgment is denied. The Clerk of the Court is directed to close out these motions. The remaining parties should appear for a final pretrial conference at 3:30 p.m. on Tuesday, July 14, 2009, in Courtroom 20C. If the parties need to reschedule the conference, they should refer to Judge Crotty’s practices.

SO ORDERED

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