ANDRES v. AMES DEP'T STORE, INC.


186 A.D.2d 328 (1992)

Gerald J. Andres, Respondent, v. Ames Department Store, Inc., Appellant, and East Greenbush Associates, Respondent, et al., Defendant. (And a Third-Party Action.)

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

September 24, 1992


Even if it is accepted that defendant Ames Department Store, Inc. submitted enough proof to warrant summary judgment in its favor (see, GTF Mktg. v Colonial Aluminum Sales, 66 N.Y.2d 965; cf., Franceschi v Consolidated Rail Corp., 142 A.D.2d 915), plaintiff, in our view, came forward with sufficient proof in evidentiary form to create...

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