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BUTTS v. MARSEILLE

264 A.D.2d 797 (1999)

695 N.Y.S.2d 704

CHARLES BUTTS et al., Appellants, v. MARIE MARSEILLE, Respondent.

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

Decided September 27, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs failed to establish their entitlement to judgment as a matter of law. Accordingly, the Supreme Court properly adhered to its prior determination denying their motion for partial summary judgment on the issue of liability (see, Zuckerman v City of New York, 49 N.Y.2d 557

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