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VITTI v. MALONEY

109 A.D.2d 836 (1985)

Mario Vitti et al., Appellants, v. F. W. Maloney et al., Respondents. (And a Third-Party Action.)

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

March 18, 1985

Order affirmed insofar as appealed from, with costs.

A thorough review of the record indicates that there are several issues of fact which warrant a trial and which thereby preclude summary judgment (see, Lagzdins v United Welfare Fund-Security Div. Marriott Corp., 77 A.D.2d 585; Parello v Clover Leaf Towers Corp., 38 A.D.2d 731). Moreover, summary judgment may be properly...

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