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CANTER v. MULNICK

60 N.Y.2d 689 (1983)

Jack Canter et al., Appellants, v. Norman Mulnick, Respondent.

Court of Appeals of the State of New York.

Decided September 29, 1983.

Attorney(s) appearing for the Case

Jacob Rabinowitz for appellants.

Nathan Cyperstein for respondent.

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

MEMORANDUM.

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

The Appellate Division correctly held that the plaintiffs' affidavit failed to establish the merit of their case, and that the motion to dismiss should have been granted unconditionally (see Stolowitz v Mount Sinai Hosp., 60 N.Y.2d 685).

On review of submissions pursuant to rule 500.2 ...

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