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CULLIPHER v. TRAFFIC MARKINGS, INC.

259 A.D.2d 992 (1999)

688 N.Y.S.2d 866

TIMOTHY CULLIPHER, Appellant, v. TRAFFIC MARKINGS, INC., Defendant, and MICHAEL E. NILES, II, Appellant. (Appeal No. 3.)

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

Decided March 31, 1999.

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

Memorandum:

Defendant Michael E. Niles, II, contends that Supreme Court erroneously granted plaintiff's motion for summary judgment on the issue of liability because questions of fact exist regarding Niles' negligence (based on Niles' own negligence or through circumstances created by defendant Traffic Markings, Inc.) and plaintiff's culpable conduct (whether plaintiff was properly ...

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