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ROBERTS-GORDON APPLIANCE CORP. v. M. PARISI & SON CONSTR. CO.

96 A.D.2d 719 (1983)

Roberts-Gordon Appliance Corp., Respondent, v. M. Parisi & Son Construction Co., Appellant

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

July 11, 1983

Order and judgment unanimously affirmed, with costs.

Memorandum:

Plaintiff's documentary and other proof demonstrated its entitlement to summary judgment. It then became defendant's burden to demonstrate by admissible evidence the existence of a factual issue requiring a trial (see Zuckerman v City of New York, 49 N.Y.2d 557). Defendant failed to do so and Special Term properly granted summary judgment. The affidavit...

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