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FINNEGAN v. MARTINEZ

258 A.D.2d 557 (1999)

683 N.Y.S.2d 895

COURTNEY E. FINNEGAN et al., Respondents, v. LOUIS MARTINEZ et al., Appellants.

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

Decided February 16, 1999.

Ordered that the order is affirmed, with one bill of costs.

The Supreme Court correctly determined that issues of fact with regard to whether the plaintiff Courtney E. Finnegan was faced with a sudden and unexpected circumstance, possibly created by the defendants' negligence, precluded a grant of summary judgment at this juncture (see, Kuci v Manhattan & Bronx Surface Tr. Operating Auth., 88 N.Y.2d 923, 924; Rivera...

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