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ARRUCCI v. CITY OF NEW YORK

45 A.D.3d 617 (2007)

846 N.Y.S.2d 269

MARIE ARRUCCI et al., Respondents, v. CITY OF NEW YORK et al., Respondents, and PLUMBING SOLUTIONS, LTD., Appellant.

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

Decided November 13, 2007.

Ordered that the order is reversed insofar as appealed from, with costs, and the appellant's motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted.

The Supreme Court improperly denied the appellant's motion for summary judgment. The appellant demonstrated its prima facie entitlement to judgment as a matter of law by presenting an affidavit of one of its officers...

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