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ROBERTS v. CARL FENICHEL COMMUNITY SERVICES, INC.

13 A.D.3d 511 (2004)

786 N.Y.S.2d 823

CURTIS ROBERTS et al., Respondents, v. CARL FENICHEL COMMUNITY SERVICES, INC., et al., Appellants, and GERI TRANSPORTATION CO., INC., Respondent.

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

December 20, 2004.

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

The appellants failed to establish their prima facie entitlement to summary judgment by eliminating all issues of fact regarding their knowledge of the amount and nature of the supervision that the plaintiff Curtis Roberts required (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Thus, it was unnecessary...

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