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ZUPNICK v. CITY OF NEW ROCHELLE

2017-01345, Index No. 68504/13.

173 A.D.3d 950 (2019)

100 N.Y.S.3d 563

2019 NY Slip Op 04755

Henry D. Zupnick, Respondent, v. City of New Rochelle et al., Defendants, and Matthew C. Rizzetta et al., Appellants.

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

Decided June 12, 2019.

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

The underlying facts of this action are summarized in the companion appeal (see Zupnick v City of New Rochelle, 173 A.D.3d 947 [2019] [decided herewith]).

The appellants failed to demonstrate their prima facie entitlement to judgment as a matter of law. Therefore, we need not consider the sufficiency of the papers submitted in opposition (see Alvarez v Prospect Hosp.,

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