LEVINE v. DAGIO CONSTRUCTION CORP.


261 A.D.2d 588 (1999)

690 N.Y.S.2d 679

MEL LEVINE, Appellant, et al., Plaintiff, v. DAGIO CONSTRUCTION CORP. et al., Respondents.

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

Decided May 24, 1999.


Ordered that the order is affirmed, with costs.

Contrary to the appellant's contention that the proof before the Supreme Court conclusively showed that his vehicle was stopped and in the middle lane of the highway when it was struck from behind by the vehicle owned by defendant Dagio Construction Corp. and operated by the defendant Francesco Arizzi, contradictions in the deposition testimony given by the appellant and Arizzi evince triable issues of fact sufficient...

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