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GELLER v. SPITALNICK

48 A.D.3d 745 (2008)

851 N.Y.S.2d 371

ALAN GELLER, Appellant, v. ROBERT SPITALNICK, Respondent. (And a Third-Party Action.)

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

Decided February 26, 2008.

Ordered that the judgment is affirmed, with costs.

The defendant demonstrated his prima facie entitlement to summary judgment (see Becker v Julien, Blitz & Schlesinger, 66 A.D.2d 674 [1978]; Parker Chapin Flattau & Klimpl v Daelen Corp. 59 A.D.2d 375 [1977]). In opposition, the plaintiff failed to raise a triable issue of...

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