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MLCOCH v. SMITH

173 A.D.2d 443 (1991)

Robert Mlcoch, Respondent, v. Barry Smith et al., Appellants

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

May 6, 1991

Ordered that the order is affirmed, with costs.

Contrary to the defendants' contentions, the Supreme Court properly concluded that the plaintiff was entitled to summary judgment in lieu of complaint (see, CPLR 3213; Interman Indus. Prods. v R.S.M. Electron Power, 37 N.Y.2d 151). The plaintiff established his prima facie entitlement to judgment as a matter of law by producing...

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