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MOORE v. ELITE PLUS SECURITY

9751, 156813/14.

173 A.D.3d 623 (2019)

101 N.Y.S.3d 595

2019 NY Slip Op 05201

Hollister C. Moore, Respondent, v. Elite Plus Security, Appellant, and Nancy Anahi Angelone et al., Respondents/Third-Party Plaintiffs-Respondents, et al., Third-Party Defendant.

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

Decided June 27, 2019.

The motion court properly denied summary judgment, as triable issues of fact exist as to how the accident occurred (see Rawls v Simon, 157 A.D.3d 418 [1st Dept 2018]; see also Sutherland v Comprehensive Care Mgt. Corp., 155 A.D.3d 414 [1st Dept 2017]).

Plaintiff testified that defendant's security guard closed the restroom door on her hand, while the guard testified that it was plaintiff...

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