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McEVOY v. GARCIA

114 A.D.2d 401 (1985)

Joseph McEvoy, as Administrator of The Estate of William McEvoy, Deceased, Respondent, v. Luis Garcia, Defendant, and Alan S. Marx, Appellant

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

October 15, 1985

Order affirmed, insofar as appealed from, with costs.

The sharply conflicting affidavits and affirmations submitted by the parties and their attorneys, together with the documentary evidence, present triable issues of fact with respect to each of plaintiff's causes of action. The argument by defendant Marx that the affidavit and affirmations submitted in opposition to his own affidavit should not be considered because they...

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