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SCHRADE v. CRDN PROPERTIES, INC.

12 A.D.3d 898 (2004)

785 N.Y.S.2d 720

JUDITH SCHRADE, Appellant, v. CRDN PROPERTIES, INC., Respondent.

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

November 18, 2004.

Lahtinen, J.

The facts of this property dispute are set forth in our previous decision (303 A.D.2d 890 [2003]), wherein we upheld Supreme Court's denial of a motion for summary judgment that was filed by defendant shortly after service of its answer. We noted the omissions in the proof that prevented summary judgment at that early juncture in the litigation. Thereafter, defendant obtained documents, gathered evidence and received...

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