MATTER OF KANTOR v. PAVELCHAK


134 A.D.2d 352 (1987)

In the Matter of Russell Kantor, Appellant, v. Daniel Pavelchak et al., Respondents

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

November 9, 1987


Ordered that the order is affirmed, with costs to the respondent Alexander Warnecke.

The court erred in granting summary judgment to the defendant Warnecke on the ground that the action was barred by the Statute of Limitations as this relief was not sought in the notice of motion or the accompanying affidavit (see, CPLR 2214 [c]; Pace v Perk, 81 A.D.2d 444). Additionally, this court,

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