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SPECTOR v. WENDY

52 A.D.3d 688 (2008)

858 N.Y.S.2d 898

GILBERT SPECTOR et al., Appellants, v. HOWARD WENDY, Respondent.

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

Decided June 17, 2008.

Ordered that the order is affirmed, with costs.

While the plaintiffs failed to establish a prima facie showing of their entitlement to summary judgment on the complaint, the defendant met his burden of showing his entitlement to judgment as a matter of law dismissing the complaint (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). The clear language of the subject guarantee limited the imposition of liability for...

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