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MT PROPERTY, INC. v. WEINSTEIN

50 A.D.3d 751 (2008)

855 N.Y.S.2d 627

MT PROPERTY, INC., et al., Respondents, v. IRA WEINSTEIN and LARRY WEINSTEIN, LLC, Appellant, et al., Defendants.

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

Decided April 8, 2008.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Ira Weinstein and Larry Weinstein, LLC, which was for summary judgment dismissing the complaint insofar as asserted against it is granted.

The appellant met its burden of establishing entitlement to judgment as a matter of law by coming forward with evidentiary proof, in admissible form, demonstrating...

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