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STEINBERG v. ABDUL

230 A.D.2d 633 (1996)

646 N.Y.S.2d 672

Richard Steinberg et al., as Coadministrators of The Estate of Lisa Steinberg, Deceased, Appellants, v. Anwar Abdul et al., Defendants, and Fisher Development Corp. et al., Respondents

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

August 8, 1996

We add that the mere hope, expressed by plaintiffs, that evidence sufficient to establish defendants' assumption of a duty to plaintiffs' decedent may be obtained during discovery does not fulfill their obligation to demonstrate the likelihood of such disclosure (CPLR 3212 [f]) and, thus, is insufficient to defeat defendants' motions for summary judgment (Frierson v Concourse Plaza Assocs., 189 A.D.2d 609...

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