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HORNE v. JOHN

2008-09157

68 A.D.3d 722 (2009)

2009 NY Slip Op 8997

888 N.Y.S.2d 903

CECILIA HORNE, Respondent, v. MR. JOHN et al., Appellants.

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

Decided December 1, 2009.

Ordered that the order is affirmed, with costs.

In moving for summary judgment, the defendants bore the initial burden of establishing their prima facie entitlement to judgment as a matter of law (see Zuckerman v City of New York, 49 N.Y.2d 557, 562 [1980]). The Supreme Court properly concluded that the defendants failed to meet that burden. Since the defendants did not meet their prima facie burden, it is unnecessary to...

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