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GRAY v. JACKSON

8757, 306169/11.

170 A.D.3d 552 (2019)

94 N.Y.S.3d 837

2019 NY Slip Op 02159

Alprentice Gray, Sr., as Administrator of the Estate of Alprentice Gray, Jr., Deceased, Respondent, v. Stacyann Jackson et al., Defendants, and Qualcon Construction LLC et al., Appellants.

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

Decided March 21, 2019.

Summary judgment was properly denied in this action where plaintiff's decedent sustained fatal injuries when, while riding his bicycle, he was struck by a vehicle driven by defendant Jackson. Multiple triable issues of fact exist as to the specifics of the underlying incident, including whether a metal plate placed in the roadway by Qualcon in the course of a construction project was a proximate cause of the accident (see Rawls...

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