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POLZER v. TRW, INC.

256 A.D.2d 248 (1998)

682 N.Y.S.2d 194

JEFFREY M. POLZER et al., Appellants, v. TRW, INC., et al., Defendants,and BANK OF NEW YORK et al., Respondents.

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

Decided December 29, 1998.

The grant of summary judgment to defendants BNY and Mobil was not procedurally inappropriate since those defendants either moved for or requested such relief, and all parties, in submitting documents in support of their arguments, clearly charted a summary judgment course (see, De La Poer v Salomon Bros., 193 A.D.2d 568).

Substantively, the motion court properly determined that New York does not recognize a cause of action...

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