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AUSTIN v. McDONALD

198 A.D.2d 902 (1993)

605 N.Y.S.2d 722

Harold L. Austin et al., as Conservators and as Parents and Natural Guardians of Daniel W. Austin, Appellants, v. Jeff E. McDonald et al., Defendants, and Aspen Square Management Co., Inc., Respondent

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

November 19, 1993

Order unanimously affirmed without costs.

Memorandum:

In moving for summary judgment, defendant Aspen Square Management Co., Inc. (Aspen Square) was required to establish its defense "sufficiently to warrant the court as a matter of law in directing judgment" in its favor (CPLR 3212 [b]; see, Iselin & Co. v Mann Judd Landau, 71 N.Y.2d 420, 425). Aspen Square met that burden by presenting evidence in admissible...

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