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MEDINA v. WAN HING NOODLE, INC.

2009-10923

71 A.D.3d 746 (2010)

895 N.Y.S.2d 740

LUIS MEDINA, Respondent, v. WAN HING NOODLE, INC., et al., Appellants, et al., Defendants.

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

Decided March 9, 2010.

Ordered that the order is affirmed, with costs.

The appellants failed to establish, prima facie, their entitlement to judgment as a matter of law. As the appellants failed to meet their prima facie burden, we need not consider the sufficiency of the plaintiff's opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853 [1985]). Accordingly, the Supreme Court properly denied the appellants' motion...

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