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MILES v. LICATA

227 A.D.2d 982 (1996)

643 N.Y.S.2d 832

Bruce R. Miles, Respondent, v. Duane J. Licata et al., Appellants

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

May 31, 1996

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court erred in granting plaintiff's motion for partial summary judgment on liability. Summary judgment is rarely appropriate in negligence cases (see, Andre v Pomeroy, 35 N.Y.2d 361, 364). Indeed, a plaintiff is generally entitled to summary judgment "`only in cases in which there is no conflict at all in the evidence...

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