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SAN-DAR ASSOCS. v. TORO

213 A.D.2d 233 (1995)

623 N.Y.S.2d 865

San-Dar Associates, Respondent, v. Jose A. Toro, Appellant

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

March 14, 1995

Defendant's assertion concerning "issue joinder" was first raised upon the motion for reargument before Justice Cahn and is thus not preserved for this Court's review. In any event, were we to review defendant's claim, we would find it meritless. We deem defendant's submitted "response" to be an effective "answer" to the complaint, and therefore issue was effectively joined before partial summary judgment was granted. Further, partial...

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