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KONSISTORUM v. STYLE MANAGEMENT CO., INC.

3 A.D.3d 552 (2004)

770 N.Y.S.2d 645

MARC A. KONSISTORUM et al., Appellants, v. STYLE MANAGEMENT CO., INC., et al., Respondents.

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

January 26, 2004.

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

The Supreme Court properly denied that branch of the plaintiffs' motion which was for summary judgment on the issue of liability because issues of fact exist as to whether the taxicab driven by the defendant Aziz Urrehman actually struck the plaintiff Marc A. Konsistorum (see Zuckerman v City of New York, 49 N.Y.2d 557 [1980]).

The plaintiffs...

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