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SAGGINARIO v. JAY-JAY REALTY CO.

275 A.D.2d 407 (2000)

712 N.Y.S.2d 881

LORRAINE SAGGINARIO, Respondent, v. JAY-JAY REALTY CO., Appellant. (And a Third-Party Action.)

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

Decided August 21, 2000.

Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court that the appellant failed to make a prima facie showing affirmatively establishing the absence of notice as a matter of law (see, CPLR 3212 [b]; Alvarez v Prospect Hosp., 68 N.Y.2d 320; Goldman v Waldbaum, Inc., 248 A.D.2d 436

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