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SULLIVAN v. INT'L FID. INS. CO.

255 A.D.2d 128 (1998)

679 N.Y.S.2d 391

Kevin Sullivan et al., Respondents, v. International Fidelity Insurance Company, Appellant, et al., Defendants

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

November 10, 1998

Assuming arguendo that the motion court properly ignored plaintiffs' affidavits since they contradicted, without explanation, their month-old deposition testimony (see, Tse Chin Cheung v G & M Hardware & Elec., 249 A.D.2d 28; see also, Rubinberg v Walker, 252 A.D.2d 466), and that plaintiffs therefore failed to raise an issue of fact in response to the surety's prima...

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