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ROBERT B. SAMUELS, INC. v. CSG CONSTRUCTION CORP.

257 A.D.2d 474 (1999)

683 N.Y.S.2d 539

ROBERT B. SAMUELS, INC., Appellant, v. CSG CONSTRUCTION CORP. et al., Defendants, and JAMES J. VARGA et al., Respondents.

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

Decided January 19, 1999.

In light of plaintiff's failure to adduce proof in evidentiary form sufficient to controvert defendant's showing that the contracted for work was completed more than one year prior to the filing of the instant action, defendants' motion for summary judgment was properly granted (see, Friends of Animals v Associated Fur Mfrs., 46 N.Y.2d 1065, 1067). Contrary to plaintiff's contention, the record affords no basis upon which to toll...

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