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Dupuis v. City of Geneva

184 A.D.2d 1009 Court N.Y. App. Div. Decision date 1992-06-05 Docket Appeal No. 2 English

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p. 1009
Mark S. Dupuis, Appellant, v City of Geneva et al., Defendants, and Harvey C. Rousseau, Doing Business as Harv’s Harley Davidson Sales, et al., Respondents.
(Appeal No. 2.)

Order unanimously reversed on the law with costs and finding vacated. Memorandum: From our review of the record, we conclude that Supreme Court improperly found that it was undisputed that plaintiff’s corneal scarring in his left eye was not proximately caused by any alleged defects in the goggles distributed and sold by defendants. (Appeal from Order of Supreme Court, Ontario County, Henry, Jr., J.— Summary Judgment.) Present — Callahan, J. P., Green, Pine, Lawton and Davis, JJ.