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PENA v. GOODY'S SPANISH FOOD & MORE

22 A.D.3d 820 (2005)

804 N.Y.S.2d 748

FELIX PENA, Appellant, v. GOODY'S SPANISH FOOD & MORE et al., Respondents.

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

October 31, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The defendants met their initial burden of submitting evidence sufficient to establish their prima facie entitlement to judgment as a matter of law (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320 [1986]). In opposition, the plaintiff failed to submit evidence in admissible...

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