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MINER v. KIMBLE

168 A.D.2d 887 (1990)

Clark A. Miner, Appellant, v. Gary S. Kimble et al., Respondents. (And a Third-Party Action.)

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

December 27, 1990

Supreme Court was faced with differing accounts of the accident given by various witnesses; this merely raised questions of fact and credibility. The court, having heard and seen the witnesses, decided that plaintiff had failed to sustain his burden of proving liability on the part of defendants. Since the findings of the court are sufficiently supported in the record and are not contrary to law, we decline to disturb its decision...

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