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VOGEL v. BLADE CONTRACTING, INC.

293 A.D.2d 376 (2002)

740 N.Y.S.2d 209

GAIL L. (ABBY) VOGEL, Respondent, v. BLADE CONTRACTING, INC., et al., Appellants. (And a Third-Party Action.)

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

Decided April 23, 2002.

The court properly granted plaintiff's cross motion for partial summary judgment on the issue of liability. It is evident that the affidavits in support of plaintiff's cross motion by plaintiff and her witness, Russell Beal, are both based on personal knowledge, not mere speculation or surmise (cf., Capelin Assoc. v Globe Mfg. Corp., 34 N.Y.2d 338, 342; Di Sabato v Soffes, 9 A.D.2d 297,...

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