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METZ v. NASTASI

282 A.D.2d 659 (2001)

723 N.Y.S.2d 685

JEAN METZ, Appellant, v. SUSAN NASTASI et al., Respondents.

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

Decided April 23, 2001.

Ordered that the order is affirmed, with costs.

The plaintiff's submissions, including the sworn statement of an eyewitness, made out a prima facie showing of entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557). In opposition, the defendants demonstrated by admissible evidence the existence of a triable issue of fact as to whether the vehicle operated by the plaintiff's decedent began...

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