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YANNITELLI v. D. YANNITELLI & SONS CONSTR. CORP.

196 A.D.2d 709 (1993)

602 N.Y.S.2d 1

Jennette Yannitelli et al., Respondents, v. D. Yannitelli & Sons Construction Corp., Appellant, et al., Defendants

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

September 14, 1993

Since there are numerous unresolved material issues of fact concerning whether defendant Construction Corp. was negligent and whether said negligence was the proximate cause of the plane accident and the decedent's death, summary judgment was properly denied (see, Andre v Pomeroy, 35 N.Y.2d 361, 364-365). Among other issues, plaintiff's expert averred, upon a review of all the evidence, that defendant Construction

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