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C&J CLEANERS v. GACO FASHIONED FURNITURE, INC.

2010-05328.

85 A.D.3d 1079 (2011)

927 N.Y.S.2d 663

2011 NY Slip Op 5647

C&J CLEANERS et al., Appellants, v. GACO FASHIONED FURNITURE, INC., et al., Respondents.

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

Decided June 28, 2011.

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

The defendants established their prima facie entitlement to judgment as a matter of law by demonstrating that they were not the owners of the underground oil tank located on the plaintiffs' property. In opposition, 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...

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