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SAGGIO v. DUVIER

299 A.D.2d 475 (2002)

749 N.Y.S.2d 743

RICHARD SAGGIO et al., Appellants, v. WALTER DUVIER, Respondent.

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

Decided November 18, 2002.

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

The defendant established a prima facie showing of entitlement to summary judgment (see Zuckerman v City of New York, 49 N.Y.2d 557, 562). In opposition, the plaintiffs failed to raise a triable issue of fact (see CPLR 3212 [b]; Alvarez v Prospect Hosp., 68 N.Y.2d 320). The affidavit of the plaintiffs' expert was...

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