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CRANE v. CRANE

77 A.D.2d 858 (1980)

Theresa R. Crane, Respondent, v. Thomas A. Crane, Appellant

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

August 4, 1980

Order affirmed, without costs or disbursements.

Defendant's motion for summary judgment dismissing plaintiff's complaint for untimeliness was properly denied. It cannot be said upon the record before us that on defendant's motion for summary judgment there existed no triable issue of fact with respect to timeliness. Summary judgment was, therefore, not authorized. (See Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395

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