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LaPAGLIA v. CITY OF BUFFALO

239 A.D.2d 962 (1997)

661 N.Y.S.2d 798

Salvatore LaPaglia et al., Appellants, v. City of Buffalo, Respondent and Third-Party Plaintiff. Delaware Soccer Club et al., Third-Party Defendants-Respondents

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

May 30, 1997

Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. The movant on a motion for summary judgment bears the burden of establishing his entitlement to judgment as a matter of law (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324; Jordan v Musinger, 197...

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