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JOHN STERLING, Respondent, v. TOWN OF HEMPSTEAD et al, Appellants.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendants' motion for summary judgment dismissing the complaint. The defendants failed to establish their entitlement to judgment in their favor as a matter of law, and were not entitled to summary judgment based solely on claimed deficiencies in the plaintiff's proof ( see, Porter v. Uniroyal Goodrich Tire Co., 224 A.D.2d 674).

S. Miller, J. P., Sullivan, Friedmann, Luciano and Feuerstein, JJ., concur.

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STERLING v. TOWN OF HEMPSTEAD
(Apr 26, 1999)