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SEA GATE ASS'N v. GORDON

24 A.D.2d 902 (1965)

Sea Gate Association, Respondent, v. Ethel Gordon, Appellant

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

November 29, 1965

Order of Appellate Term, entered October 30, 1964, and judgment of affirmance entered in the Civil Court, affirmed, with costs. Appeal from order, entered November 30, 1964, dismissed, without costs, as not appealable.

In our opinion, defendant failed to furnish any factual data competent to raise a triable issue of fact. The Civil Court therefore properly resorted to the latest comparable case, justifying plaintiff's right...

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