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PENN WARRANTY v. DIGIOVANNI

10 Misc.3d 998 (2005)

810 N.Y.S.2d 807

PENN WARRANTY CORPORATION, Plaintiff, v. RONALD DIGIOVANNI et al., Defendants.

Supreme Court, New York County.

October 24, 2005.

Attorney(s) appearing for the Case

Ronald DiGiovanni, defendant pro se.

Abrams, Gorelick, Friedman & Jacobson, P.C., New York City (John O. Fronce of counsel), for plaintiff.

OPINION OF THE COURT

JUDITH J. GISCHE, J.

Defendant, pro se, brought a motion for summary judgment dismissing the complaint (motion sequence No. 005). Plaintiff subsequently brought its own motion for summary judgment (motion sequence No. 006). The motion and cross motion are so integrally intertwined that the court is considering them and all papers submitted thereon together.

A preliminary issue raised in defendant's motion is his claim that the...

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