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SATIMORE v. KING

288 A.D.2d 893 (2001)

732 N.Y.S.2d 617

CATHERINE SATIMORE et al., Respondents, v. BURGER KING et al., Appellants.

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

Decided November 9, 2001.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendants' motion for summary judgment dismissing the amended complaint. Defendants failed to submit evidence in admissible form establishing their entitlement to judgment as a matter of law and thus the motion was properly denied (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562), regardless of any alleged deficiency in plaintiffs...

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