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RAMLALL v. COLONIAL STEEL CORP

Appellate Division of the Supreme Court of New York, Second Department.
Jul 7, 2003
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DECISION ORDER

ORDERED that the order is affirmed, with costs.

Contrary to the contention of the defendant, Colonial Steel Corp., the Supreme Court properly denied its motion for summary judgment dismissing the complaint. The defendant failed to tender sufficient evidence demonstrating the absence of any material issues of fact ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853).

SMITH, J.P., GOLDSTEIN, TOWNES and MASTRO, JJ., concur.