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STERLING v. TOWN OF HEMPSTEAD
Appellate Division of the Supreme Court of New York, Second Department.
Apr 26, 1999
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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