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MUZAMMIL v. SINGH

275 A.D.2d 398 (2000)

712 N.Y.S.2d 875

JAVED MUZAMMIL et al., Appellants, v. MANJIT SINGH et al., Respondents.

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

Decided August 21, 2000.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that in opposition to the plaintiff's showing of a prima facie case on the issue of liability, the defendants raised material issues of fact. Thus, summary judgment was properly denied (see, Epstein v Scally, 99 A.D.2d 713). Moreover, where, as here, the failure to wear a seat belt is alleged to be the cause of the accident, the conduct of the...

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