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WEINER v. MILLER

56 A.D.2d 819 (1977)

George J. Weiner, Jr., Appellant-Respondent, v. J. E. Miller et al., Respondents-Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 28, 1977

The fact that the defendants' motions were made on the eve of trial did not warrant the imposition of costs. Defendants, having raised the defense of Statute of Limitations in their answers, could properly move for summary judgment at any time "after issue has been joined". (CPLR 3212...

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