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SMITH v. KEY BANK OF WESTERN NEW YORK

206 A.D.2d 848 (1994)

614 N.Y.S.2d 849

Thomas Smith et al., Respondents, v. Key Bank of Western New York, N. A., Appellant

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

July 15, 1994

Order affirmed with costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment. In support of the motion, defense counsel asserted in his affidavit that there was no dangerous or defective condition on defendant's premises and that plaintiff Thomas Smith's conduct was the cause of the accident. Those conclusory assertions are insufficient for defendant to meet its burden of proof to...

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