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APODACA v. PINE GLEN DEVELOPMENT CORP

Appellate Division of the Supreme Court of New York, Second Department.
Nov 28, 1994

Ordered that the order and judgment is affirmed, without costs or disbursements.

The court did not err in granting summary judgment to the moving defendants. The mere hope by the plaintiff that he might be able to uncover some evidence during the discovery process which would demonstrate that the moving defendants could be liable was insufficient to deny summary judgment (see, Frierson v. Concourse Plaza Assocs., 189 A.D.2d 609; Jones v. Gameray, 153 A.D.2d 550). Bracken, J.P., Balletta, Ritter, Pizzuto and Florio, JJ., concur.