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VITA v. NEW YORK WASTE SERVICES, LLC

34 A.D.3d 559 (2006)

824 N.Y.S.2d 177

VINCENT J. VITA et al., Respondents, v. NEW YORK WASTE SERVICES, LLC, et al., Appellants.

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

Decided November 14, 2006.

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

On their motion, inter alia, pursuant to CPLR 3211 (b) to dismiss the sixth, seventh, eighth, and eleventh affirmative defenses, the plaintiffs bore the burden of demonstrating that those defenses were without merit as a matter of law (see Santilli v Allstate Ins. Co., 19 A.D.3d 1031, 1032 [2005]; Town of Hempstead v Lizza Indus.,

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