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PRINE v. SANTEE

No. 140 SSM 9.

21 N.Y.3d 923 (2013)

989 N.E.2d 966

967 N.Y.S.2d 684

2013 NY Slip Op 3267

MARK A. PRINE, Appellant, v. ADAM M. SANTEE, Appellant, and ANNA TORRES, Respondent, et al., Defendant.

Court of Appeals of New York.

Decided May 7, 2013.

Attorney(s) appearing for the Case

Magavern Magavern Grimm LLP, Buffalo ( Edward J. Markarian of counsel), for Mark A. Prine, appellant.

Chelus, Herdzik, Speyer & Monte, P.C., Buffalo ( Katelyn E. Dieffenderfer and Scott R. Orandoff of counsel), for Adam M. Santee appellant.

Law Office of Daniel R. Archilla, Buffalo ( Jill Z. Florkowski of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Viewing the evidence in a light most favorable to plaintiff Mark A. Prine and defendant Adam M. Santee (see e.g. Branham v Loews Orpheum Cinemas, Inc., 8 N.Y.3d 931, 932 [2007]), defendant Anna Torres demonstrated her entitlement to summary judgment dismissing...

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