The motion court erred in granting plaintiffs' cross motion for a default judgment in this legal malpractice action. Plaintiffs' service of the cross motion one day before the return day of the motion date and the court's decision of the cross motion seven days before the date it was deemed submitted violated the requirements of CPLR 2215 and 2219 (a), respectively, and unfairly prejudiced and precluded defendant-appellant's ability to respond.
In any case, plaintiffs...
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