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MIANO v. 1-9 SEAFOOD PLAZA, INC.

57 A.D.3d 488 (2008)

867 N.Y.S.2d 706

MICHELLE MIANO et al., Respondents, v. 1-9 SEAFOOD PLAZA, INC., et al., Appellants, et al., Defendants.

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

December 2, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

The evidence submitted by the appellants failed to eliminate all issues of fact as to whether the appellant driver used reasonable care to avoid the subject motor vehicle collision (see Rotondi v Rao, 49 A.D.3d 520, 521 [2008]; Cox v Nunez, 23 A.D.3d 427, 427-428 [2005]) and whether his failure to observe that...

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