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LIBERTY HOUS. v. MAPLE APTS.

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125 A.D.3d 85 (2015)

998 N.Y.S.2d 543

LIBERTY AFFORDABLE HOUSING, INC., Appellant, v. MAPLE COURT APARTMENTS, Respondent.

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

Decided January 2, 2015.

Attorney(s) appearing for the Case

Byrne, Costello & Pickard, P.C., Syracuse ( Gregory P. Bazan of counsel), for appellant.

Scolaro, Fetter, Grizanti, McGough & King, P.C., Syracuse ( Chaim J. Jaffe of counsel), for respondent.

SMITH, J.P., FAHEY, LINDLEY and DEJOSEPH, JJ., concur.

OPINION OF THE COURT

In Rovello v Orofino Realty Co. (40 N.Y.2d 633, 636 [1976]), the Court of Appeals held that summary dismissal is appropriate under CPLR 3211 (a) (7) when the defendant's evidentiary submissions "establish conclusively...

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