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NAHREBESKI v. MOLNAR

286 A.D.2d 891 (2001)

730 N.Y.S.2d 646

VICTOR S. NAHREBESKI, Appellant, v. MICHAEL A. MOLNAR et al., Respondents.

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

Decided September 28, 2001.

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied that part of plaintiff's motion pursuant to CPLR 3211 (b) seeking dismissal of each defendant's affirmative defense of contributory negligence. Plaintiff failed to support his motion "with an affidavit by one with personal knowledge of the facts or other evidentiary proof" (Arriaga v Laub Co., 233 A.D.2d 244). The vehicle accident...

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