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SHAPIRO v. PRUDENTIAL INS. CO. OF AM.

81 A.D.2d 661 (1981)

Robert S. Shapiro, Appellant-Respondent, v. Prudential Insurance Company of America, Respondent-Appellant

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

April 27, 1981

Resettled order affirmed, without costs or disbursements.

Defendant's motion was made pursuant to CPLR 3211 (subd [a], pars 1, 7; subd [c]). The plaintiff was fully apprised that the court could treat the defendant's motion as one for summary judgment. In fact the plaintiff's affidavit in opposition was denominated an "affidavit in opposition to the motion for summary judgment". Plaintiff then attempted to demonstrate to...

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