Defendant has moved for partial summary judgment as against plaintiff pursuant to CPLR 3212 (e) upon the ground that "there is no triable issue of fact as to the impropriety of the trial leading to the imposed fine upon which the complaint is based, thereby warranting direction of judgment * * * as a matter of law." The plaintiff has cross-moved for summary judgment in its favor.
Although the parties devote most of their argument...
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