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ARAUJO v. ELKAHLAOUI

2008-11315

68 A.D.3d 1030 (2009)

2009 NY Slip Op 9598

890 N.Y.S.2d 348

JOSE F. ARAUJO, Respondent, v. JAOUAD ELKAHLAOUI et al., Appellants.

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

Decided December 22, 2009.

Ordered that the order is affirmed, with costs.

In response to the plaintiff's demonstration of his entitlement to judgment as a matter of law on the issue of liability, the defendants failed to submit evidence sufficient to raise a triable issue of fact (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320

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