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MacDONALD v. PRUDENTIAL SEC. INC.

247 A.D.2d 346 (1998)

669 N.Y.S.2d 207

Susan E. Macdonald et al., Appellants, v. Prudential Securities Inc., Formerly Prudential-Bache Securities Inc., et al., Respondents

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

February 26, 1998

Plaintiffs themselves deemed defendants' motion as one for summary judgment, submitting affidavits and arguments in opposition that clearly indicated that they were laying bare their proof, and therefore cannot now claim that they were not given CPLR 3211 (c) notice (see, Mihlovan v Grozavu, 72 N.Y.2d 506, 508; Four Seasons Hotels v Vinnik, 127 A.D.2d 310...

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