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DEFALCO v. PARKER

271 A.D.2d 635 (2000)

707 N.Y.S.2d 346

BERNADETTE DEFALCO et al., Respondents, v. ROGER J. PARKER et al., Defendants, and E. E. CRUZ & COMPANY, INC., et al., Appellants. (And a Third-Party Action.)

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

Decided April 24, 2000.

Ordered that the appeal by the defendant E. E. Cruz & Company, Inc., is dismissed as withdrawn; and it is further,

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

Contrary to the contention of the defendant Thrifty Paper Co., Inc. (hereinafter Thrifty), its cross motion for summary judgment was properly denied (see, Sanford v Stillitano, 241 A.D.2d 489). After Thrifty established its prima...

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