198 A.D.2d 405 (1993)

605 N.Y.S.2d 903

Kevin Pfeiffer, Respondent, v. Charles E. Hoye, Defendant. (Action No. 1.) Gregory C. Lessing, Respondent, v. Charles E. Hoye et al., Defendants, and William Hitter, Appellant. (Action No. 2.) Kevin Pfeiffer, Respondent, v. William Hitter, Appellant. (Action No. 3.)

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

November 22, 1993

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

Contrary to the contentions of the appellant, the Supreme Court correctly concluded that there were triable issues of fact as to the occurrence of the accident and whether the appellant was free from negligence (see, CPLR 3212 [b]; Rotuba Extruders v Ceppos, 46 N.Y.2d 223<...


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