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BINDER v. FIRE STAR HOMES CORP.

227 A.D.2d 1001 (1996)

643 N.Y.S.2d 433

Marilyn Binder, Individually, as Executrix and on Behalf of the Heirs and Distributees of Max Binder, Deceased, Respondent, v. Fire Star Homes Corporation, Appellant, and Gahan Corporation, Respondent

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

May 31, 1996

Order unanimously reversed on the law with costs, cross motion granted and complaint and cross claims against defendant Fire Star Homes Corporation dismissed.

Memorandum:

Defendant Fire Star Homes Corporation (Fire Star) contends that Supreme Court erred in denying its cross motion for summary judgment dismissing the complaint and all cross claims against it. We agree. Fire Star met its initial burden by tendering evidentiary proof in admissible form that...

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