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HANLEY v. SWIFT

15 A.D.3d 621 (2005)

789 N.Y.S.2d 905

KATHLEEN HANLEY, Respondent, v. JOHANNA L. SWIFT et al., Appellants, and VILLAGE OF SUFFERN, Respondent.

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

February 28, 2005.

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

Summary judgment may be granted only when no triable issue of fact exists (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). Contrary to the appellants' contention, the Supreme Court properly denied their motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against...

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