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BIANCO v. LIGRECI

298 A.D.2d 482 (2002)

748 N.Y.S.2d 503

FELICIA BIANCO, Respondent, v. NICHOLAS LIGRECI et al., Appellants.

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

Decided October 21, 2002.

Ordered that the order is affirmed, with costs.

The appellants failed to give the plaintiff timely notice of their motion for summary judgment (see CPLR 2103 [b] [2]; 2214 [b]; cf. Capoccia v Brognano, 132 A.D.2d 833). Absence of proper service of a motion is a sufficient and complete excuse for a default on a motion and deprives the court of jurisdiction to entertain the motion (see Welch v State of New York,<...

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