PALESCANDOLO v. CARINI


259 A.D.2d 742 (1999)

685 N.Y.S.2d 635

ADELE PALESCANDOLO, Respondent, v. FLORENCE CARINI et al., Appellants.

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

Decided March 29, 1999.


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

There are material issues of fact as to whether the plaintiff was improperly driving her vehicle in a parking lane or otherwise driving in a negligent manner (see, e.g., Mogil v Gorgone, 225 A.D.2d 674). Thus, the plaintiffs motion for partial summary judgment on the issue of liability...

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