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MOUNIER v. CARISTO CONSTR. CO.

106 A.D.2d 434 (1984)

Rafael Mounier, Jr., an Infant, by His Father and Natural Guardian, Rafael Mounier, Sr., et al., Appellants, v. Caristo Construction Co. et al., Respondents, et al., Defendants

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

December 10, 1984

Order affirmed, with one bill of costs.

The affidavits submitted in opposition to the motion and cross motion for summary judgment present no evidentiary facts to indicate that a triable issue exists. Plaintiffs contend that essential facts are within the exclusive knowledge of the movant and cross movant, yet do not set forth any facts which may exist or what efforts were made to ascertain such facts. Furthermore, it appears...

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