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SCHMIDT v. SOLOW MGMT. CORP.

111 A.D.2d 619 (1985)

Peter G. Schmidt, Respondent, v. Solow Management Corp., Appellant

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

June 4, 1985

CPLR 3212 (a) provides that a party may move for summary judgment after issue has been joined. A motion is made when a notice of the motion or an order to show cause is served. (CPLR 2211.) In that connection, the instant motion was made prior to the time that issue was joined, and, therefore, plaintiff's motion for summary judgment should not have been granted. Although this court has held that in special circumstances wherein...

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