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CLEMENT v. DELANEY REALTY CORP.

2010-02330.

83 A.D.3d 881 (2011)

920 N.Y.S.2d 432

IRA CLEMENT et al., Respondents, v. DELANEY REALTY CORP. et al., Defendants, and WILLIAM J. SHOVLIN et al., Appellants.

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

Decided April 19, 2011.

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

The defendants William J. Shovlin and Susan Galligan Shovlin (hereinafter together the defendants) established, prima facie, their entitlement to judgment as a matter of law by submitting evidence demonstrating that they were not aware of any mold condition in their home prior to selling it to the plaintiffs. However, in opposition to the defendants' prima facie showing,

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