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VIERLING v. WEST CHEM. PRODS., INC.

143 A.D.2d 829 (1988)

Donald E. Vierling, Appellant, v. West Chemical Products, Inc., et al., Respondents

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

October 17, 1988

Ordered that the judgment is affirmed, with one bill of costs.

To succeed on a motion for summary judgment, the proponent must establish the cause of action or defense sufficiently to warrant the court as a matter of law in directing judgment in his favor. To defeat the motion, the adverse party must show facts sufficient to require a trial of any issue of fact other than an issue as to the amount or the extent of the damages...

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