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STEIN v. PAT NOTO, INC.

226 A.D.2d 624 (1996)

641 N.Y.S.2d 353

Ronald E. Stein, Appellant, v. Pat Noto, Inc., Respondent

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

April 22, 1996

Ordered that the order is affirmed, with costs.

The plaintiff was injured when his vehicle left a paved roadway and collided with a construction site maintained by the defendant. The plaintiff has failed to raise a triable issue of fact as to whether the defendant violated 17 NYCRR former 131.17 (c) (2) and (d) (1) (ii). In addition, the defendant unquestionably established that the proximate cause of the accident was the...

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