MARSHALL v. ROMANO


138 A.D.2d 360 (1988)

John Marshall et al., Respondents, v. Anthony Romano et al., Appellants

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

March 7, 1988


Ordered that the order is affirmed, with costs.

No procedural error occurred in the Supreme Court's failure to notify the defendants before ruling on the plaintiffs' cross motion for summary judgment. The defendants were aware of the relief sought in the plaintiffs' cross motion and submitted a reply affidavit in opposition thereto. Under such circumstances there was no need for the court to give notice to the defendants before ruling on the cross motion (see<...

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