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VITTIGLIO v. BD. OF COMM'RS OF THE GREAT NECK GARDEN DIST.

238 A.D.2d 413 (1997)

657 N.Y.S.2d 338

Antonio Vittiglio, an Infant, by His Mother and Natural Guardian, Patricia A. Vittiglio, et al., Appellants, v. Board of Commissioners of the Great Neck Garden District, Respondent

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

April 14, 1997

Ordered that the order is affirmed, with costs.

The defendant established its prima facie entitlement to judgment as a matter of law (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 N.Y.2d 557; Smith v County of Nassau, 232 A.D.2d 474). In response, the plaintiffs failed to demonstrate the existence of triable issues of fact with respect to their claim that the defendant...

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