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RIVEST v. PIZZA HUT OF AMERICA, INC.

264 A.D.2d 388 (1999)

693 N.Y.S.2d 232

MARGIE L. RIVEST et al., Appellants, v. PIZZA HUT OF AMERICA, INC., Respondent.

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

Decided August 2, 1999.

Ordered that the appeal from the order dated September 9, 1998, is dismissed; and it is further,

Ordered that the order dated June 16, 1998, is affirmed; and it is further,

Ordered that the defendant is awarded one bill of costs.

The Supreme Court properly granted the defendant's motion for summary judgment. The defendant sufficiently established its entitlement to that relief as a matter of law (see, Dwoskin v Burger King Corp.,

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