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199 A.D.2d 307

Holly v. Richtberg

Appellate Division of the Supreme Court of the State of New York · decided 1993-12-13

Decided 1993-12-13

¶1In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Suffolk County (Floyd, J.), en*308tered November 1, 1991, which denied their motion for summary judgment dismissing the complaint.

¶2Ordered that the order is affirmed, with costs.

¶3The plaintiffs have raised triable issues of fact (see, CPLR 3212) as to whether the offending instrumentality was situated on the property owned by the defendants. Mangano, P. J., Rosenblatt, Lawrence and Joy, JJ., concur.

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