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FLYNN v. FEDCAP REHABILITATION SERVICES, INC.

31 A.D.3d 602 (2006)

819 N.Y.S.2d 290

OWEN FLYNN et al., Appellants, v. FEDCAP REHABILITATION SERVICES, INC., Respondent, et al., Defendant.

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

July 18, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Fedcap Rehabilitation Services, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it is denied, and the complaint is reinstated.

"A party moving for summary judgment must first make out a prima facie case showing its entitlement to summary judgment. Absent...

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