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GRATE v. RODRIGUES

10704, 26162/16E.

179 A.D.3d 440 (2020)

117 N.Y.S.3d 32

2020 NY Slip Op 00081

Robert Grate, Appellant, v. Ralph Rodrigues et al., Respondents.

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

Decided January 7, 2020.

Contrary to plaintiff's contention, defendants are not limited to the ground relied on by the motion court in granting summary judgment, but may advance other grounds for affirmance that were presented to the motion court (Matter of Nieves v Martinez, 285 A.D.2d 410 [1st Dept 2001], citing Parochial Bus Sys. v Board of Educ. of City of N.Y., 60 N.Y.2d 539

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