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KILCOIN v. WOLANSKY

52 N.Y.2d 995 (1981)

Justina Kilcoin, Respondent, v. Oleh M. Wolansky, Appellant.

Court of Appeals of the State of New York.

Decided February 17, 1981.

Attorney(s) appearing for the Case

Bernard Kessler for appellant.

Robert Abrams, Attorney-General (Thomas P. Dorsey and Shirley Adelson Siegel of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs

Examination of the record discloses that, as the Appellate Division found, "the plaintiff has failed to carry her burden of laying bare sufficient evidence to demonstrate a triable issue of fact on the question of malice" (75 A.D.2d 1, 13). Moreover, the uncontroverted facts demonstrate that the

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