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FINEGOLD v. BROOKLYN UNION GAS CO.

202 A.D.2d 469 (1994)

610 N.Y.S.2d 796

Beatrice Finegold, Respondent, v. Brooklyn Union Gas Company et al., Appellants, et al., Defendant. (And a Third-Party Action.)

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

March 14, 1994

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

We agree with the Supreme Court that an award of summary judgment in favor of any of the appellants would be inappropriate on this record. Indeed, there are some conflicts between the documentary evidence and the deposition testimony submitted by the appellants, and the appellants have failed to demonstrate as a matter of law that they were...

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