SPENCER v. HYLTON-SPENCER


247 A.D.2d 461 (1998)

668 N.Y.S.2d 104

Kingsley Spencer, Plaintiff, v. Yvette Hylton-Spencer, Defendant and Third-Party Plaintiff-Respondent. James Spencer et al., Third-Party Defendants-Appellants

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

February 9, 1998


Ordered that the order is modified by deleting therefrom the provision which denied that branch of the appellants' motion which was for renewal of their motion for summary judgment, and substituting therefor a provision granting renewal and upon renewal, adhering to the original determination; as so modified, the order is affirmed insofar as appealed from, with costs to the respondent.

The court erred in denying that branch...

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