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PAULIN v. NEEDHAM

28 A.D.3d 531 (2006)

812 N.Y.S.2d 658

JUDE PAULIN, Appellant, v. ALLYN NEEDHAM et al., Respondents.

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

April 11, 2006.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

It is fundamental that "summary judgment should only be granted where there are no material and triable issues of fact" (Stretch v. Tedesco, 263 A.D.2d 538 [1999]; see Andre v. Pomeroy, 35 N.Y.2d 361 [1974]) and that "issue finding, as opposed to issue determination...

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