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29 Aug 2022, 3:42 am by Andrew Lavoott Bluestone
  2022 NY Slip Op 50826(U)  Decided on August 26, 2022  Supreme Court, New York County Reed, J. is a typical case. [read post]
13 Feb 2020, 6:46 am by Andrew Lavoott Bluestone
As the court’s function on such a motion is to determine whether issues of fact exist. not to resolve issues of fact or to determine matters of credibility. the facts alleged by the opposing party and all inferences that may be drawn from them are to be accepted as true (See Rot/I v Barreto, 289 AD2d 557. 735 NYS2d 197 [2d Dept 2001 ]: O’Neill v Fishkill, 134 AD2d 487. 521 NYS2d 272 [2d Dept 1987]). [read post]