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KNEPKA v. TALLMAN

278 A.D.2d 811 (2000)

718 N.Y.S.2d 541

ALICE KNEPKA et al., Appellants, v. TIMOTHY TALLMAN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 27, 2000.

Order unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in resolving issues of credibility in granting defendants' motion for summary judgment dismissing the complaint (see, Mickelson v Babcock, 190 A.D.2d 1037; see generally, Black v Chittenden, 69 N.Y.2d 665, 669; Capelin Assocs. v Globe Mfg. Corp.,

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