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SPEIRS v. NOT FADE AWAY TIE DYE CO., INC.

236 A.D.2d 531 (1997)

654 N.Y.S.2d 638

Gregory Speirs, Respondent, v. Not Fade Away Tie Dye Co., Inc., et al., Appellants

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

February 18, 1997

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion for summary judgment without prejudice to renewal after the completion of discovery. As the moving parties, the defendants were required to tender evidentiary proof in admissible form sufficient to warrant judgment in their favor as a matter of law (see, Zuckerman v City of New York, 49...

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