Appellate Division of the Supreme Court of the State of New York March 8, 2011 (Hammond v. Diaz)

*840On the afternoon of February 4, 2004, the plaintiff Raymond Hammond (hereinafter the plaintiff), was crossing the street at the T-intersection of 79th Avenue and 146th Street in Queens, when he was struck by a car owned by the defendant Lea M. Diaz and driven by her son, the defendant Michael Diaz (hereafter the defendant driver).