Ramos v. Stern
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered July 6, 2011, which denied defendant Michael Stern’s motion for summary judgment dismissing the complaint as against him, and order, same court and Justice, entered November 10, 2011, which, to the extent appealable, denied his motion to renew, unanimously affirmed, without costs.
Defendant Stern’s motion for summary judgment was properly denied, as he never moved to vacate a self-executing, conditional order, entered upon the parties’ stipulation, which called for the striking of his answer in the event he failed to comply with…
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