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BLUE RIDGE INSURANCE COMPANY v. EMPIRE CONTRACTING AND SALES, INC.

2009-06950.

73 A.D.3d 959 (2010)

900 N.Y.S.2d 670

BLUE RIDGE INSURANCE COMPANY, Appellant, v. EMPIRE CONTRACTING AND SALES, INC., et al., Defendants, and MITCHELL JUNEAU, Respondent.

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

Decided May 18, 2010.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Mitchell Juneau for summary judgment is denied.

Under the facts of this case, the Supreme Court erred in granting the motion of the defendant Mitchell Juneau for summary judgment. In support of his motion, Juneau failed to make a prima facie showing of entitlement to judgment as a matter of law (see generally Winegrad v New York Univ. Med. Ctr., 

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