GOLDMAN v. MCCORD


120 Misc.2d 754 (1983)

Sol Goldman et al., Petitioners, v. J. Leo McCord et al., Respondents.

Civil Court of the City of New York, New York County.

August 15, 1983


Attorney(s) appearing for the Case

Fischbein, Olivieri, Rosenholc & Badillo (David R. Brody of counsel), for respondents. Laurie Levinberg for petitioners.


LEWIS R. FRIEDMAN, J.

This case presents an issue which is presented nearly every day in the landlord-tenant motion parts, how much notice must be given for motions made during the course of summary proceedings under RPAPL article 7. The answer is neither obvious nor provided by reported decisions.

Respondent moved for summary judgment and served his notice of motion on counsel at 1:00 P.M. on July 5; the motion was returnable the next morning...

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