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COSTA v. SCHNABEL

209 A.D.2d 372 (1994)

619 N.Y.S.2d 594

Marilyn S. Costa et al., Respondents, v. Mark Schnabel et al., Defendants, and L.K. Comstock & Co., Inc., Appellant

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

November 7, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs raised triable issues of fact as to whether the appellant was negligent in its prior repair of a traffic control device and as to whether the defect in the device was the proximate cause of the accident which gave rise to the plaintiffs' claims (see, CPLR...

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