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MITCHELL v. PARKS

54 A.D.2d 895 (1976)

Eleanor S. Mitchell et al., Appellants, v. Clifford M. Parks, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 1, 1976

Order affirmed, without costs or disbursements.

While plaintiffs made out a persuasive case of negligence on the part of defendant, there still remains a question of fact as to whether defendant's conduct fell below any permissible standard of due care (see Andre v Pomeroy, 35 N.Y.2d 361

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