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VOLIS v. 801 SEVENTH AVENUE, INC.

295 A.D.2d 501 (2002)

744 N.Y.S.2d 344

PAVEL VOLIS et al., Plaintiffs, v. 801 SEVENTH AVENUE, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. HUDSON SHATZ PAINTING COMPANY, INC., Third-Party Defendant-Appellant. (And Other Titles.)

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

Decided June 17, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant failed to meet its burden of submitting sufficient evidence in admissible form demonstrating its entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 N.Y.2d 557). Further, there are issues of fact regarding the applicable contractual provisions...

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