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  5. 177 Misc.2d 933 (1998)
 

BABJECK v. SMALIS, INC.

177 Misc.2d 933 (1998)

677 N.Y.S.2d 732

Darren Babjeck et al., Plaintiffs, v. Smalis, Inc., Defendant and Third-Party Plaintiff. Cycletech, Third-Party Defendant.

Supreme Court, Columbia County.

August 10, 1998

Attorney(s) appearing for the Case

Roemer Wallens & Mineaux, L. L. P., for defendant and third-party plaintiff. Martin, Harding & Mazzotti for plaintiffs. Rowley Forrest O'Donnell & Beaumont, P. C., for third-party defendant.

JOHN G. CONNOR, J.

Defendant, Smalis, Inc. (hereinafter Smalis), moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the plaintiffs' complaint. Plaintiffs oppose the instant motion on the grounds that material issues of fact exist that preclude summary judgment.

It is well settled that on a motion for summary judgment the moving party has the initial burden to make a prima...

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