We agree with the IAS court that the parties' conflicting affidavits and deposition testimony leave unresolved issues of fact in this action for personal injuries involving a motor vehicle accident. These issues include, but are not limited to, whether defendants utilized emergency flashers, waved off oncoming traffic and properly maintained their stalled vehicle prior to the accident. Further, there is the issue of whether plaintiff driver, Eliseo Carrozzi, acted reasonably...
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