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DANIEL TURTURRO, Appellant, v. HENRY SQUATRITO, JR., et al., Respondents.

Ordered that the judgment is affirmed, with costs.

The defendants demonstrated that they did not willfully commit the alleged trespass ( see Ivancic v Olmstead, 66 NY2d 349, 352, cert denied 476 US 1117; Kulpa v Stewart's Ice Cream, 144 AD2d 205, 207). This showing was sufficient to establish their prima facie entitlement to summary judgment ( see Zuckerman v City of New York, 49 NY2d 557). In opposition, the plaintiff failed to raise a triable issue of fact.

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TURTURRO v. SQUATRITO
(Jun 17, 2008)