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O'CONNOR-MIELE v. BARHITE & HOLZINGER, INC.

234 A.D.2d 106 (1996)

650 N.Y.S.2d 717

Diane O'Connor-Miele et al., Appellants, v. Barhite & Holzinger, Inc., et al., Respondents

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

December 12, 1996

"[O]n a defendant's motion for summary judgment, opposed by plaintiff, we are required to accept the plaintiff's pleadings, as true, and our decision `must be made on the version of the facts most favorable to [plaintiff]'." (Henderson v City of New York, 178 A.D.2d 129, 130, quoting Strychalski v Mekus, 54 A.D.2d 1068, 1069.) Applying that standard to the matter herein, we find that the...

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