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DEER PARK ENTERPRISES, LLC v. AIL SYSTEMS, INC.

46 A.D.3d 504 (2007)

846 N.Y.S.2d 581

DEER PARK ENTERPRISES, LLC, Respondent, v. AIL SYSTEMS, INC., Now Known as EDO CORPORATION, Appellant.

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

Decided December 4, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint on the ground that the defendant failed to meet its initial burden by establishing, prima facie, its entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). In fact, the evidence submitted by the defendant in support of its motion...

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