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SEPTEMBER'S FOOD SYSTEMS, LLC v. WIH HOTELS, LLC

2008-10850

73 A.D.3d 901 (2010)

899 N.Y.S.2d 860

SEPTEMBER'S FOOD SYSTEMS, LLC, et al., Appellants, v. WIH HOTELS, LLC, et al., Respondents. (Action No. 1.) SEPTEMBER'S FOOD SYSTEMS, LLC, et al., Appellants, v. BRE/WELLESLEY PROPERTIES, LLC, Respondent. (Action No. 2.).

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

Decided May 11, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

In response to the defendants' prima facie showing of their entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]; Zuckerman v City of New York, 49 N.Y.2d 557 [1980]). Thus, the Supreme Court properly awarded...

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