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587 DEVELOPMENT INCORPORATED v. AVENUE Z CONSTRUCTION CO.

279 A.D.2d 504 (2001)

718 N.Y.S.2d 869

587 DEVELOPMENT INCORPORATED, Respondent-Appellant, v. AVENUE Z CONSTRUCTION CO. et al., Appellants-Respondents.

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

Decided January 16, 2001.

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

As each party raised triable issues of fact in opposition to the other party's prima facie case for summary judgment, the plaintiff's motion and the defendants' cross motion for summary judgment were properly denied (see, Zuckerman v City of New York, 49 N.Y.2d 557

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