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POLLATOS v. GLASSER

255 A.D.2d 305 (1998)

679 N.Y.S.2d 340

Marie-Louise Pollatos et al., Respondents, v. Dean E. Glasser et al., Defendants, and William A. Walker, Appellant

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

November 2, 1998

Ordered that the order is affirmed, with costs.

In light of the conflicting expert affidavits submitted by the parties, the Supreme Court properly concluded that triable questions of fact exist as to the alleged negligence of the appellant (see, Rotuba Extruders v Ceppos, 46 N.Y.2d 223, 231; Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395, 404; Pirrelli v Long...

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