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WHACK v. WILLIAMS

53 A.D.3d 481 (2008)

859 N.Y.S.2d 569

DOREEN WHACK, Respondent, v. JOHN WILLIAMS et al., Respondents, and BRIAN COLE, Appellant.

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

Decided July 1, 2008.

Ordered that the order is affirmed, with costs.

In support of his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him, the defendant Brian Cole failed to make a prima facie showing of entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Triable issues of fact exist, inter alia, as to whether Cole contributed to...

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