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FROELICH v. SKIDMORE

32 A.D.3d 702 (2006)

823 N.Y.S.2d 120

HANNAH FROELICH, Respondent, and LOUIS CHRISTIAN FROELICH II, Respondent-Appellant, v. PAMELA SKIDMORE et al., Appellants-Respondents.

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

September 7, 2006.

The vague affidavits submitted by both sides leave material factual questions as to the timing and location of the infant plaintiff's discharge from Louis Froelich II's vehicle immediately prior to being struck by a second vehicle. Accordingly, a grant of summary judgment dismissing the counterclaim alleging negligence on Louis Froelich II's part would not have been proper. In addition, Supreme Court did not improvidently exercise its discretion in denying, without prejudice...

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