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SHULTZ v. CAMBRIDGE DEV., L.L.C.

Index No. 106632/09. Appeal No. 14915. Case No. 2020-04006.

200 A.D.3d 624 (2021)

160 N.Y.S.3d 226

2021 NY Slip Op 07530

Gregory Shultz et al., Respondents, v. Cambridge Development, L.L.C., et al., Appellants.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Graubard Miller, New York ( Joseph H. Lessem of counsel), for appellants.

Sokolski & Zekaria, P.C., New York ( Daphna Zekaria of counsel), for respondents.

Concur— Kern, J.P., Moulton, Mendez, Shulman, Higgitt, JJ.

The motion court properly granted defendants' motion for summary judgment dismissing the allegation in the complaint that defendants operated an unlicensed adult care facility after August 1, 2017. Defendants established, through documentary evidence, that they had the proper licenses for operating an adult care facility as of August 1, 2017. However, the evidence as to licensure before August 1, 2017 is either not conclusive or not properly considered because it was submitted...

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