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ESPOSITO v. CAPUOZZO

269 A.D.2d 353 (2000)

702 N.Y.S.2d 572

JAMES ESPOSITO, Respondent, v. RICHARD CAPUOZZO et al., Appellants.

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

Decided February 7, 2000.

Ordered that the order is affirmed, with costs.

The defendants did not meet their initial burden of setting forth evidentiary facts sufficient to establish their entitlement to judgment as a matter of law. Thus, the Supreme Court properly denied their motion (see, Fabbricatore v Lindenhurst Union Free School Dist., 259 A.D.2d 660

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