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HALE v. DeMINO

188 A.D.2d 1053 (1992)

Nina Hale, Individually and as Administratrix of The Estate of Larry B. Hale, Deceased, Respondent, v. Charles B. Demino, Respondent, and Bowl-a-Roll, Inc., Appellant

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

December 30, 1992

Order unanimously affirmed with costs.

Memorandum:

Plaintiff raised questions of fact by submitting evidentiary proof in admissible form in opposition to defendant Bowl-A-Roll's motion for summary judgment and thus the denial of summary judgment was proper (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). The contradictions in defendant DeMino's criminal trial and deposition testimony raised an issue...

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