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RYAN v. CITY OF BUFFALO

167 A.D.2d 933 (1990)

Joseph E. Ryan et al., Respondents, v. City of Buffalo, Defendant, and RCR Yachts, Inc., et al., Appellants

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

November 16, 1990

Order unanimously affirmed with costs.

Memorandum:

Defendants appeal from the denial of their motions for summary judgment. A review of the record discloses that the sufficiency of plaintiffs' proof should be determined at trial. Summary judgment should be denied if there is any doubt as to the existence of a triable issue, or if there is even arguably such an issue (see, Hourigan v McGarry,

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