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KATZ v. SOMERSET LEISURE HOMES, INC.

132 A.D.2d 600 (1987)

Marvin Katz et al., Appellants, v. Somerset Leisure Homes, Inc., et al., Respondents

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

July 13, 1987

Ordered that the judgment is reversed insofar as appealed from, with costs, the provision which awarded the defendant Somerset Leisure Homes, Inc., the sum of $4,997.79 is deleted, and the aforementioned branch of the defendant's motion is denied.

As the Court of Appeals noted in Winegrad v New York Univ. Med. Center (64 N.Y.2d 851, 853): "The proponent of a summary judgment motion...

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