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BUFFA v. 67 8TH AVE. OWNERS INC.

250 A.D.2d 433 (1998)

671 N.Y.S.2d 661

Robert Buffa, by His Guardian ad Litem, Augustine Buffa, Respondent, v. 67 8th Ave. Owners Inc. et al., Appellants, et al., Defendants

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

May 14, 1998

The IAS Court did not err in granting reargument and in thereupon denying defendants' previously granted motion for summary judgment. Defendants had not on the prior motion demonstrated a prima facie entitlement to judgment as a matter of law and, that being the case, the grant of their motion for summary judgment was erroneous, irrespective of the quality of plaintiff's opposition papers (see, Colt v Great Atl. &...

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