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KIRKLAND v. HIRSCH

296 A.D.2d 532 (2002)

745 N.Y.S.2d 494

ANNIE KIRKLAND, as Administrator of the Estate of MARCUS WILLIAMS, Deceased, et al., Respondents, v. YOSEE HIRSCH et al., Appellants.

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

Decided July 22, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that there exist triable issues of fact as to whether the defendant driver used reasonable care in the operation of his vehicle, and whether his negligence, if any, contributed to the accident (see Rawson v City of New York, 292 A.D.2d 583; Lopez v Coleman,

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