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PERRICONE-BERNOVICH v. DENTAL

60 A.D.3d 744 (2009)

875 N.Y.S.2d 169

BARBARA PERRICONE-BERNOVICH et al., Appellants, v. GENTLE DENTAL, et al., Respondents.

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

Decided March 10, 2009.

Ordered that the judgment is affirmed, with costs.

The proper legal standard for deciding a defendant's motion pursuant to CPLR 4401 is whether, viewing the evidence in the light most favorable to the plaintiff, the plaintiff has made out a prima facie case (see Godlewska v Niznikiewicz, 8 A.D.3d 430 [2004]; Lyons v McCauley, 252 A.D.2d 516

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