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CARLTUN ON THE BAY KOSHER CATERERS, LTD. v. MAKANI

295 A.D.2d 464 (2002)

744 N.Y.S.2d 674

CARLTUN ON THE BAY KOSHER CATERERS, LTD., Appellant, v. JOSEPH MAKANI, Respondent.

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

Decided June 17, 2002.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff made out its prima facie case of entitlement to summary judgment by showing the existence of a contract to cater the defendant's wedding reception, that it did so, and that the defendant failed to pay for the catering service. The burden therefore shifted to the defendant to show the existence of a triable factual issue. The defendant failed to do so. The affidavits...

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