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ALOI v. SILIPO WELDING INC.

293 A.D.2d 504 (2002)

739 N.Y.S.2d 746

DOMINICK ALOI, Appellant, v. SILIPO WELDING INC., et al., Respondents.

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

Decided April 8, 2002.

Ordered that the appeal from the order dated June 15, 2001 is dismissed; and it is further,

Ordered that the order dated April 10, 2001 is reversed, on the law, the motion is denied, and the complaint is reinstated; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

In opposition to the defendants' prima facie showing of entitlement to judgment as a matter of law, the plaintiff raised a triable issue of fact as to whether he...

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