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NORIEGA v. SAUERHAFT

5 A.D.3d 121 (2004)

771 N.Y.S.2d 895

VIDAL NORIEGA, Respondent, v. SYLVIA SAUERHAFT, Appellant.

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

March 2, 2004.

Plaintiff, injured when defendant's parked car rolled down an incline and hit him, was properly granted summary judgment on the issue of fault, based on the affidavit of a responding police officer stating that he found defendant's car in neutral (see Bouchard v Canadian Pac., 267 A.D.2d 899, 902 [1999]), and the absence of evidence that the car had been vandalized or burglarized. Issues of fact as to whether plaintiff sustained...

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