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CURLEY v. SZUMOWSKI

269 A.D.2d 486 (2000)

703 N.Y.S.2d 732

THOMAS CURLEY, Individually and as Administrator of the Estate of THOMAS CURLEY, JR., et al., Respondents, v. BOZENA SZUMOWSKI et al., Appellants.

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

Decided February 22, 2000.

Ordered that the order is affirmed, with costs.

Viewing the evidence in the light most favorable to the plaintiffs (see, Leonard v Kinney Sys., 199 A.D.2d 470; Lipsius v White, 91 A.D.2d 271, 276), the emergency doctrine does not entitle the defendants to summary judgment as a matter of law. The record presents issues of fact concerning the participation of the defendant Gregory...

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