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D'ONOFRIO v. D'ONOFRIO

306 A.D.2d 431 (2003)

762 N.Y.S.2d 256

VINCENT D'ONOFRIO, Respondent, v. JERRY D'ONOFRIO, Defendant, and VINCENT D'ONOFRIO, Appellant.

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

Decided June 23, 2003.

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

The appellant failed to demonstrate his prima facie entitlement, individually or as executor of the estate of John D'Onofrio, to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). Accordingly, the Supreme Court properly denied that branch of the appellant's cross motion which was for summary judgment.

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