ROTUNNO v. ROTUNNO


193 A.D.2d 592 (1993)

598 N.Y.S.2d 957

Robert R. Rotunno, Respondent, v. Patricia Rotunno, Appellant

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

May 3, 1993


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The wife contends that it was improper for the Supreme Court to grant the husband's motion for summary judgment, since issue had not been joined pursuant to CPLR 3211 (a). We disagree. CPLR 3211 (c) permits a motion pursuant to CPLR 3211 to be treated as one for summary judgment where adequate notice has been given to the parties...

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