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DAVIES v. FERENTINI

3871, 112787/06.

79 A.D.3d 528 (2010)

914 N.Y.S.2d 17

THOMAS DAVIES et al., Appellants, v. PETER FERENTINI et al., Defendants, and HOME DEPOT U.S.A., Inc., et al., Respondents.

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

Decided December 14, 2010.

In this personal injury action which arose out of a motor vehicle accident at an intersection on Route 9A, a New York State arterial highway, and a temporary access road to the construction site for a Home Depot store, plaintiffs have failed to submit competent evidence to raise triable issues of fact as to whether defendants-respondents created an unsafe condition which was a proximate cause of plaintiffs' injuries. Plaintiffs...

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