IMBRIANO v. SEAMAN


189 Misc.2d 357 (2001)

731 N.Y.S.2d 596

JOHN IMBRIANO, Plaintiff, v. MELVIN SEAMAN, Defendant.

District Court of Nassau County, First District.

September 28, 2001.


Attorney(s) appearing for the Case

Derrick R. Williams, Huntington, for plaintiff.

Melvin Seaman, defendant pro se.


OPINION OF THE COURT

KENNETH L. GARTNER, J.

The plaintiff's motion for summary judgment in lieu of complaint pursuant to CPLR 3213, as made applicable to the District Court by Uniform District Court Act § 1004, requires this court to part company with the only prior authority on a point raised.

Plaintiff's motion is not opposed by the defendant, who has defaulted. Nevertheless, the sua sponte review which this court is required to perform...

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