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WALLACE v. DUBIN

20 A.D.3d 412 (2005)

798 N.Y.S.2d 506

ERIC WALLACE, Appellant, v. DEBORAH DUBIN et al., Respondents.

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

July 5, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly denied the plaintiff's motion for summary judgment on the issue of liability. The evidence failed to establish the absence of a triable issue of fact (see Thoma v Ronai, 82 N.Y.2d 736, 737 [1993]). Although the submissions on the motion for summary judgment demonstrated that the defendant driver was negligent...

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