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TURTURRO v. SQUATRITO
Appellate Division of the Supreme Court of New York, Second Department.
Jun 17, 2008
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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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