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A. FAJER IMP. E EXP. LTDA v. SCHICK TECHNOLOGIES, INC.

39 A.D.3d 777 (2007)

832 N.Y.S.2d 815

A. FAJER IMP. E EXP. LTDA, Doing Business as DIALOM BRASIL, Respondent, v. SCHICK TECHNOLOGIES, INC., Appellant.

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

Decided April 24, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion for summary judgment dismissing the complaint. The defendant failed to establish its prima facie entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). Accordingly, it is unnecessary to consider the sufficiency of the plaintiff's opposition papers (see Winegrad v New York Univ...

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