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CARRINGTON v. COMMISSIONER OF WESTCHESTER COUNTY CORRECTIONAL FACILITY

278 A.D.2d 352 (2000)

718 N.Y.S.2d 618

SHERMAN CARRINGTON, Respondent, v. COMMISSIONER OF WESTCHESTER COUNTY CORRECTIONAL FACILITY et al., Respondents-Appellants, and INNER SPACE SYSTEMS, INC., Appellant-Respondent.

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

Decided December 18, 2000.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the plaintiff.

The Supreme Court properly denied the motion and cross motion for summary judgment. The defendants failed to establish their entitlement to judgment as a matter of law and were not entitled to summary judgment based solely on claimed deficiencies in the plaintiff's pleadings (see, Sterling v Town of Hempstead, 260 A.D.2d...

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