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McDONALD v. DUDEK

100 A.D.2d 839 (1984)

Walter McDonald, Individually and as Father and Natural Guardian of Darlene McDonald, an Infant, Appellant, v. Stanley Dudek, Respondent, et al., Defendants

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

April 2, 1984

¶ Order affirmed, with costs.

¶ The affidavit in support of the motion for partial summary judgment against defendant Dudek failed to rule out the existence of triable issues of fact. In the absence of a sufficient affidavit in support of the motion, the failure of Dudek himself to supply an affidavit in opposition cannot be the basis for granting summary judgment to the plaintiff (Coley v Michelin Tire Corp., 99 A.D.2d 795

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