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O'HARA v. MERRITT

212 A.D.2d 763 (1995)

624 N.Y.S.2d 860

Barney O'Hara et al., Respondents, v. Raymond W. Merritt et al., Appellants

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

February 27, 1995

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

We agree that the defendants failed to proffer sufficient evidence demonstrating that no material issues of fact exist warranting summary judgment in their favor (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320; River Park Assocs. v Meyerbank Elec. Co., 116 A.D.2d 709). "Failure to make such showing requires...

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