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CALI v. MUSTAFA

2009-04778

68 A.D.3d 700 (2009)

2009 NY Slip Op 8985

888 N.Y.S.2d 912

GIOVANNI CALI et al., Respondents, v. IZEDDIN MUSTAFA et al., Appellants.

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

Decided December 1, 2009.

Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment on the issue of liability is denied.

Contrary to the Supreme Court's determination, the plaintiff Giovanni Cali (hereinafter Giovanni) failed to satisfy his prima facie burden of establishing his entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). Viewing the evidence submitted...

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