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NEWMAN v. HART

231 A.D.2d 862 (1996)

648 N.Y.S.2d 409

Jeanette M. Newman et al., Respondents, v. Thomas J. Hart, Defendant, Daryel L. Tangel, Respondent, and Samuel J. Saia, Appellant

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

September 27, 1996

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of defendant Samuel J. Saia for summary judgment. There are triable issues of fact whether Saia violated sections 1163 (e) and 1201 of the Vehicle and Traffic Law or was otherwise negligent when he parked his truck (see, Scott v Keener, 186 A.D.2d 955) and whether his alleged negligence was a proximate cause of the accident...

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