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NORTH AMERICAN SPECIALTY INSURANCE COMPANY v. SCHWANTER

39 A.D.3d 511 (2007)

833 N.Y.S.2d 196

NORTH AMERICAN SPECIALTY INSURANCE COMPANY et al., Respondents, v. THOMAS SCHWANTER et al., Respondents, and RITZ CAMERA CENTERS, INC., Doing Business as BOATERS WORLD DISCOUNT MARINE, Appellant. (And a Third-Party Action.)

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

Decided April 3, 2007.

Ordered that the amended judgment is affirmed, with costs.

The Supreme Court properly determined that there were triable issues of fact and thus properly denied that branch of the appellant's motion which was for summary judgment dismissing the plaintiffs' causes of action sounding in negligence insofar as asserted against it (see Zuckerman v City of New York, 49 N.Y.2d 557, 562...

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