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GULOTTA v. IPPOLITO

296 A.D.2d 380 (2002)

745 N.Y.S.2d 439

JOSEPH GULOTTA et al., Appellants, v. EVA IPPOLITO, Respondent.

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

Decided July 1, 2002.

Ordered that the order and judgment is affirmed, with costs.

The Supreme Court properly denied the plaintiffs' motion for summary judgment, as they failed to meet their burden of establishing prima facie entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). In addition, the Supreme Court properly granted the defendant's cross motion for summary judgment dismissing the complaint...

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