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CATAPANO v. HITCHINGS

279 A.D.2d 598 (2001)

719 N.Y.S.2d 868

JEAN M. CATAPANO, Appellant, v. ROBERT HITCHINGS et al., Respondents.

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

Decided January 29, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, upon reargument, the motion for summary judgment is denied and the complaint is reinstated.

The Supreme Court, upon reargument, improperly granted the defendants' motion for summary judgment dismissing the complaint. The evidence submitted by the defendants in support of their motion was insufficient to demonstrate their entitlement to...

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