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McDANIEL v. BONIZZI

143 A.D.2d 980 (1988)

James E. McDaniel, Plaintiff, v. Andrew J. Bonizzi et al., Defendants, County of Orange, Respondent, and Joseph Ruscitti, Inc., Appellant

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

October 31, 1988

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

We do not agree with the court's finding that the county produced sufficient evidence to establish that "any liability that may be cast upon the County in this lawsuit arises from the work being done in accordance with the permit in question". The proponent of a summary judgment motion must make a prima facie showing of entitlement to...

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