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THOMPSON v. CONDOMINIUMS

257 A.D.2d 448 (1999)

683 N.Y.S.2d 266

ANDRE THOMPSON, Respondent, v. ST. CHARLES CONDOMINIUMS et al., Defendants, and SEAVEY ORGANIZATION, INC., Sued Herein as SEAVEY ORGANIZATION, Appellant.

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

Decided January 14, 1999.

We agree with the IAS Court that appellant's denial of plaintiff's allegation that it was the developer, general contractor, construction manager or a subcontractor at the site leaves unresolved exactly what its role was at the site. The deficiency of appellant's proof in this regard leaves no occasion for considering the quality of plaintiff's opposing proof (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320...

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