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SUTHERLAND v. SUPERIOR PAPER CO., INC.

304 A.D.2d 351 (2003)

756 N.Y.S.2d 842

ELAINE A. SUTHERLAND et al., Respondents, v. SUPERIOR PAPER CO., INC., et al., Appellants, and DASAPPA K. UJJANI, Respondent.

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

Decided April 8, 2003.

Unresolved issues concerning the circumstances surrounding the accident preclude any findings as a matter of law on the issue of liability, including the applicability of the emergency doctrine (compare Gonzalez v City of New York, 295 A.D.2d 122

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