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ITT SMALL BUS. FIN. CORP. v. SCHULZ

251 A.D.2d 457 (1998)

673 N.Y.S.2d 334

ITT Small Business Finance Corporation, Respondent, v. Frank Schulz et al., Appellants, et al., Defendants

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

June 15, 1998

Ordered that the appeal from the order entered September 4, 1997, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order entered February 10, 1997, is affirmed; and it is further,

Ordered that the respondent is awarded one bill of costs.

Contrary to the appellants' contention, they failed to raise a material issue of fact sufficient to defeat the plaintiff's motion for summary judgment (see

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