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FLOREA v. COUNTY OF ERIE

123 A.D.2d 514 (1986)

Joseph Florea, as Administrator of The Estate of James E. Florea, Deceased, Respondent, v. County of Erie, Appellant, and New York State Electric & Gas Corp. et al., Respondents, et al., Defendants

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

September 26, 1986

Order unanimously affirmed with costs.

Memorandum:

The burden of proof on a motion for summary judgment rests upon the moving party even where the opposing papers are insufficient (Zuckerman v City of New York, 49 N.Y.2d 557, 562; Monroe Abstract & Tit. Corp. v Giallombardo, 54 A.D.2d 1084, 1085). The county, in this motion, has failed to meet its burden of demonstrating...

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