Guzzo v. Easterntech Electronics, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term (Prior, Jr., J.), entered April 13, 1981 in Rensselaer County, which, inter alia, granted defendant’s motion for summary judgment. Initially, we reject plaintiff’s claim that Special Term erred in granting summary judgment without giving the parties notice pursuant to CPLR 3211 (subd [c]). The motion seeking dismissal of the complaint was made after defendant had answered and plaintiff had replied to the answer. The motion papers did not specify whether the motion was pursuant to CPLR 3211 or 3212. The parties, however, treated the…
2Cases cited7 opinions
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