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Key Bank of Central New York v. Puliafico

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 966 (N.Y. App. Div. 1983)

Opinion

November 4, 1983

Appeal from the Supreme Court, Oneida County, Miller, J.

Present — Dillon, P.J., Callahan, Green, O'Donnell and Schnepp, JJ.


Order and judgment entered January 6, 1982 granting plaintiff's motion for summary judgment unanimously reversed. Order entered January 6, 1982 denying defendants' cross motion unanimously affirmed, without costs, and matter remitted to Supreme Court, Oneida County, for further proceedings in accordance with the following memorandum: Since defendants' cross motion to dismiss (CPLR 3211, subd [a], par 4) was denied, Special Term erred in granting plaintiff's motion for summary judgment in lieu of complaint (CPLR 3213) without giving defendants an opportunity to submit answering papers (see CPLR 2001, 3211, subd [f]; see, also, North Broadway Funding Corp. v Freed, 45 A.D.2d 759)


Summaries of

Key Bank of Central New York v. Puliafico

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 966 (N.Y. App. Div. 1983)
Case details for

Key Bank of Central New York v. Puliafico

Case Details

Full title:KEY BANK OF CENTRAL NEW YORK, Formerly FIRST TRUST DEPOSIT COMPANY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 4, 1983

Citations

97 A.D.2d 966 (N.Y. App. Div. 1983)

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