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GLANZER v. ALTMAN

267 A.D.2d 79 (1999)

699 N.Y.S.2d 386

MICHAEL J. GLANZER et al., Respondents, v. MICHAEL ALTMAN et al., Appellants.

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

Decided December 9, 1999.

Plaintiffs' preanswer motion for summary judgment was properly entertained by the IAS Court without giving CPLR 3212 notice, the parties' submissions clearly indicating that the case involved only a question of law fully appreciated and briefed on the motion (see, Mihlovan v Grozavu, 72 N.Y.2d 506, 508), namely, whether the contract provision requiring defendants to submit their application for Board approval within 10 days of contract...

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