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BRASBY v. BARRA

156 A.D.2d 530 (1989)

Joann Brasby, Respondent, v. Ken Barra, Appellant, et al., Defendants. (And a Third-Party Action.)

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

December 18, 1989

Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the appellant's contentions, the Supreme Court properly concluded that there exist material issues of fact precluding the granting of his motion for summary judgment. The record reveals that the appellant owned certain real property in his individual capacity which he leased to the third-party defendant Barole Restaurant Company Inc., a...

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