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THOMPSON v. JOHNS

77 A.D.2d 805 (1980)

Howard T. Thompson et al., Respondents, v. Ronald L. Johns, Appellant, et al., Defendants. (Appeal No. 3.)

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

July 10, 1980

Order affirmed, without costs.

Hancock Jr., J. (dissenting).

It is only in the exceptional negligence case that summary judgment against the plaintiff is warranted (see Andre v Pomeroy, 35 N.Y.2d 361; Haig v Channing Co., 54 A.D.2d 992). Where the issue presented is proximate cause, the record, to support summary judgment, must demonstrate conclusively that as...

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