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BARTELL v. MAZZAFERO

5 A.D.3d 618 (2004)

774 N.Y.S.2d 783

GABRIEL BARTELL et al., Respondents, v. ROCCO MAZZAFERO et al., Respondents, and ROCKY & JOE CONSTRUCTION CORP., Appellant.

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

March 22, 2004.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

In opposition to the appellant setting forth a sufficient basis for summary judgment, the respondents separately showed that they had not yet had an adequate opportunity to conduct discovery and that facts essential to justify opposition to the motion may exist but are exclusively within the knowledge...

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