RUSSO v. HERBERT CONSTRUCTION CO.


272 A.D.2d 193 (2000)

708 N.Y.S.2d 291

VINCENT RUSSO, Respondent, v. HERBERT CONSTRUCTION CO., Respondent-Appellant, et al., Defendant and Third-Party Plaintiff. P&M SORBARA CONSTRUCTION LTD. et al., Third-Party Defendants-Appellants-Respondents.

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

Decided May 18, 2000.


It is undisputed that plaintiff failed to complete service of all motion papers on third-party defendant Sorbara but that, despite this procedural infirmity, the IAS Court nonetheless proceeded to grant plaintiff partial summary judgment on liability. The motions to renew should have been granted since Sorbara was a party entitled to service of all motion papers (CPLR 2103 [e]). The affidavit submitted by the third-party defendant...

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