HLADCZUK v. EPSTEIN


98 A.D.2d 990 (1983)

Sharon S. Hladczuk, Formerly Known as Sharon S. Epstein, Respondent, v. Dennis P. Epstein, Appellant

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

December 16, 1983


Order unanimously reversed, without costs, and motion denied.

Memorandum:

Special Term erred in granting summary judgment to the plaintiff for arrears in child support on the ground that the defendant failed to respond to plaintiff's motion. A verified pleading is the equivalent of a responsive affidavit for purposes of a motion for summary judgment (CPLR 105, subd [t]; see Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C3212:15,...

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