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NEWMAN v. MUNEY

28 A.D.2d 561 (1967)

Ben Newman, Doing Business as Ben Newman Ice Cream Co., Respondent, v. Lawrence Muney et al., Appellants

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

May 22, 1967

In our opinion, defendants in their moving papers on this motion for summary judgment made a prima facie showing of lack of merit to the four causes of action asserted in the complaint. Plaintiff was bound, in his opposing papers, to come forward with proof of evidentiary facts demonstrating that there was a bona fide issue requiring a trial (Shapiro v. Health Ins. Plan of Greater N. Y., 7 N.Y.2d 56; Ball v. United Artists Corp...

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