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ERXLEBEN v. POLAND SPRINGS CORP.

214 A.D.2d 699 (1995)

625 N.Y.S.2d 951

James Erxleben, Respondent, v. Poland Springs Corporation et al., Appellants

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

April 24, 1995

Ordered that the orders are affirmed, with one bill of costs.

The Supreme Court properly determined that the defendants failed to raise any issue of fact with respect to their sole liability for the plaintiff's injuries after the plaintiff had made out a prima facie case for summary judgment. Thus, summary judgment was properly granted to the plaintiff (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 321; see also, Zuckerman...

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