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BROER v. SMITH

240 A.D.2d 528 (1997)

658 N.Y.S.2d 447

Scott Broer et al., Respondents, v. Roger Smith, Appellant

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

June 16, 1997

Ordered that the order is affirmed, with costs.

Contrary to the defendant's present contention, the Supreme Court did not err in granting the plaintiffs' motion for partial summary judgment. The minutes of the defendant's plea of guilty in a criminal prosecution arising from the same incident as this civil lawsuit, as amplified and explained by the defendant's subsequent deposition testimony, precluded the defendant from...

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