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VANDERHURST v. NOBILE

2014-06105

130 A.D.3d 716 (2015)

13 N.Y.S.3d 231

2015 NY Slip Op 05934

ANNA VANDERHURST, Respondent, v. PASQUALE NOBILE et al., Appellants.

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

Decided July 8, 2015.

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

A defendant seeking summary judgment bears the initial burden of demonstrating its entitlement to judgment as a matter of law by submitting evidentiary proof in admissible form (see Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]). On a summary judgment motion, a moving defendant does not meet its...

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