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RICHTER v. HERMAN

240 A.D.2d 556 (1997)

659 N.Y.S.2d 983

Gail I. Richter et al., Plaintiffs, v. Gregory P. Herman et al., Defendants and Third-Party Plaintiffs-Appellants. Jules Gordon, Third-Party Defendant-Respondent

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.

By submitting evidence demonstrating that he was not involved in the automobile accident which is the subject of this action, the third-party defendant established a prima facie right to judgment as a matter of law. The defendants third-party plaintiffs failed to submit evidence raising a genuine issue of fact (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562), and...

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