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SPORBERT v. LENOX

251 A.D.2d 320 (1998)

673 N.Y.S.2d 1009

Michael J. Sporbert et al., Appellants-Respondents, v. Elizabeth Lenox, an Infant, by Her Father and Natural Guardian, Thomas Lenox, et al., Respondents, and Alex Kelly et al., Respondents-Appellants

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

June 1, 1998

Ordered that the order is affirmed, without costs or disbursements.

Questions of fact exist as to the comparative fault of the injured plaintiff Michael Sporbert which warranted the denial of the plaintiffs' motion for summary judgment on the issue of liability (see, MacDowall v Koehring Basic Constr. Equip., 49 N.Y.2d 824; Massie v Commercial Envelope Mfg. Co., 245 A.D.2d 551

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