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CUGINI v. SYS. LUMBER CO., INC.

111 A.D.2d 114 (1985)

Anthony Cugini, Respondent, v. System Lumber Co., Inc., et al., Defendants All American Trading Corp., Third-Party Plaintiff, v. C. Itoh & Co. (American), Inc., et al., Third-Party Defendants-Appellants

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

May 23, 1985

While the failure to submit an affidavit of merit in response to a motion for summary judgment seeking dismissal of an action does, as stated in the dissent, mandate a dismissal without condition, such presupposes that the movant, in the first instance, has made the requisite showing of entitlement to judgment as a matter of law by tendering sufficient evidence to eliminate any material issues of fact. A movant's failure to sufficiently...

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