Shapiro v. Dwelling Managers, Inc.

I would reverse the order appealed from and deny plaintiffs’ motion.

The facts are sufficiently stated in the memoranda of Justices Milonas and Kassal.

Plaintiffs’ motion, served with the summons and complaint, is essentially one for summary judgment asking for the full relief that the complaint asks; and the court granted that motion and relief and final judgment.

A motion for summary judgment cannot be made until after issue has been joined. (CPLR 3212, subd [a].) At the time this motion was made, issue had not been joined. Accordingly, it was improper to grant the motion.

If I were not…