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MAHONE v. WASHINGTON

17 A.D.3d 1059 (2005)

793 N.Y.S.2d 786

CYNTHIA MAHONE et al., Respondents-Appellants, v. CYNTHIA WASHINGTON, Appellant-Respondent, and ANTHONY J. POLITO et al., Respondents, et al., Defendant.

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

April 29, 2005.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We note at the outset that Supreme Court erred in determining that the cross motion failed to comply with the requirements of CPLR 3212 (b). Rather, the record establishes that the cross motion incorporated by reference copies of the pleadings previously submitted on the initial motion for summary judgment (see generally Matter...

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