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  5. 56 N.Y.2d 918 (1982)
 

R.C.S. FARMERS MKTS. CORP. v. GREAT AM. INS. CO.

56 N.Y.2d 918 (1982)

R.C.S. Farmers Markets Corporation, Respondent, v. Great American Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided June 15, 1982.

Attorney(s) appearing for the Case

Francis J. Holloway for appellant.

Franklin P. Gavin for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter should be remitted to the Appellate Division for review of the discretion exercised by Special Term in denying the motion (CPLR 3212, subd [f]).

Defendant argues that the deposition of plaintiff's president contained sufficient factual data to require denial of plaintiff's motion for summary judgment. It did establish from...

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