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GADAYEVA v. DAN'S SUPREME SUPERMARKETS, INC.

286 A.D.2d 415 (2001)

729 N.Y.S.2d 895

NINA GADAYEVA, Appellant, v. DAN'S SUPREME SUPERMARKETS, INC., Doing Business as KEY FOOD, Respondent.

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

Decided August 20, 2001.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court erred in granting the defendant's motion for summary judgment, as it failed to meet its prima facie burden of demonstrating its entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557; Gladstone v Burger King Corp., 261 A.D.2d 357...

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