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KEY BANK NATIONAL ASSOCIATION v. STERN

14 A.D.3d 656 (2005)

789 N.Y.S.2d 297

KEY BANK NATIONAL ASSOCIATION, Respondent, v. HARRY L. STERN, Appellant, and SARA M. STERN et al., Defendants.

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

January 31, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court properly disregarded the plaintiff's initial error in failing to serve upon the defendant all of the papers in support of its motion (see CPLR 2001). Once the plaintiff corrected the error by sending the omitted papers to the defendant, any prejudice due to the error was cured, as evidenced by the fact that the defendant was able to respond to the motion on the merits (see Clark v State of...

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