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DELGADO v. BUTT

48 A.D.3d 735 (2008)

851 N.Y.S.2d 373

TIMOTEO DELGADO et al., Respondents, v. NADEEM A. BUTT et al., Appellants, and CONSTANTINO BALBUENA FLORES et al., Respondents.

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

Decided February 26, 2008.

Ordered that the order is affirmed, with one bill of costs.

A party moving for summary judgment has the burden of establishing his or her entitlement to judgment as a matter of law by coming forward with evidentiary proof, in admissible form, demonstrating the absence of any disputed material issue of fact (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]; Zuckerman v City of New York, 49 N...

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