Knopp v. Slater

Full title: ALFRED P. KNOPP et al., Respondents, v. YVONNE B. SLATER, Appellant

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

Date published: Feb 22, 1999

258 A.D.2d 624 (N.Y. App. Div. 1999)

685 N.Y.S.2d 766

Opinion

February 22, 1999

Appeal from the order of the Supreme Court, Westchester County (Fredman, J.).

Ordered that the order is reversed insofar as appealed from, with costs, and the plaintiffs' purported cross motion for summary judgment is denied.

The Supreme Court erred in awarding the plaintiffs summary judgment. The defendant had not moved for summary judgment and the plaintiffs did not make a cross motion which complied with the notice provisions of CPLR 2215 and 2103 N.Y.C.P.L.R. ( see, Tulchin Assocs. v. Vignola, 186 A.D.2d 183; Vanek v. Mercy Hosp., 135 A.D.2d 707).

In view of the foregoing, there is no need to address the other issues raised by the defendant.

Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.