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RUSSELL LOSSING et al., Appellants, v. BEHROZ K. DILEMANI et al., Respondents.

The court properly denied plaintiffs' motion for summary judgment in view of the issues of credibility presented by the conflicting affidavits whether the accident was caused solely by the negligence of defendant Dilemani. Such issues must properly be left for the trier of fact.

Concur — Carro, J.P., Wallach, Asch and Kassal, JJ.

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LOSSING v. DILEMANI
(Dec 22, 1992)