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ZAPATA v. LOUIE'S SEAFOOD RESTAURANT, LLC

2009-05013

71 A.D.3d 672 (2010)

894 N.Y.S.2d 898

JUAN ZAPATA, Appellant, v. LOUIE'S SEAFOOD RESTAURANT, LLC, Doing Business as LOUIE's, Respondent.

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

Decided March 2, 2010.

Ordered that the order dated March 31, 2009, is reversed insofar as appealed from, on the law, and, upon renewal, the order dated December 17, 2008, denying the defendant's motion for summary judgment dismissing the complaint is adhered to.

The Supreme Court erred in finding, upon renewal, that the defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that the complained-of...

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