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SKLARZ v. CRABTREE

35 A.D.3d 260 (2006)

827 N.Y.S.2d 32

MARK SKLARZ, as Administrator of the Estate of MICHAEL R. CRABTREE, Deceased, Respondent-Appellant, v. SARA CRABTREE et al., Appellants-Respondents, and CITY OF NEW YORK, Respondent.

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

Decided December 14, 2006.

Plaintiff's decedent was killed in an automobile accident while riding in a vehicle operated by his wife, defendant Sara Crabtree. The contradictory statements of Mrs. Crabtree, the sole surviving witness to the accident, respecting the accident's attendant circumstances and cause do no more than raise triable issues not amenable to resolution on a summary judgment motion (see Carlos v Rochester Gen. Hosp., 163 A.D.2d 894 [1990]...

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