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PUBLIC ADMINISTRATOR, KINGS COUNTY v. SAN DIEGO

268 A.D.2d 417 (2000)

701 N.Y.S.2d 633

PUBLIC ADMINISTRATOR, KINGS COUNTY, Respondent, v. DANIEL SAN DIEGO, Appellant.

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

Decided January 10, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

There are issues of fact which preclude the granting of summary judgment (see, Tishman v City of New York, 30 A.D.2d 854, affd 25 N.Y.2d 978

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