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PARKER & WAICHMAN v. NAPOLI

3154, 3154A, 605388/01, 591271/04.

74 A.D.3d 686 (2010)

902 N.Y.S.2d 819

PARKER & WAICHMAN, Respondent, v. PAUL J. NAPOLI et al., Appellants. (And Another Action.)

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

Decided June 29, 2010.

The motion court properly found that defendants failed to make a prima facie showing of entitlement to judgment as a matter of law, warranting the denial of the motion regardless of the sufficiency of plaintiff's opposing papers (see e.g. Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Defendants submitted an attorney's affirmation stating that plaintiff failed to comply with...

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