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GREENBERG v. GREEN
Appellate Division of the Supreme Court of New York, First Department.
Oct 4, 1993
Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment is denied.
It is well settled that negligence cases do not generally lend themselves to resolution by summary judgment (see, Ugarriza v Schemieder, 46 N.Y.2d 471; Chahales v. Garber, 195 A.D.2d 585), and determinations as to credibility should be left for trial. In this case, we find that the court erred in granting the respondents' motion for summary judgment, as there were triable issues of fact (see, Kosan v. County of Westchester, 162 A.D.2d 592). Mangano, P.J., Rosenblatt, Lawrence, Copertino and Joy, JJ., concur.
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