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ROSS v. KEON

110 A.D.2d 832 (1985)

Allen Ross et al., Respondents, v. Robert Keon et al., Appellants

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

April 22, 1985

Appeal from orders dismissed (see, Matter of Aho, 39 N.Y.2d 241, 248).

Judgment affirmed.

Plaintiffs are awarded one bill of costs.

No procedural error occurred in treating the aforenoted branch of plaintiffs' cross motion as one for summary judgment. Plaintiffs' notice of cross motion clearly indicated that they were seeking summary judgment pursuant to CPLR 3211 (c) and defendants submitted answering...

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