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115-41 ST. ALBANS HOLDING CORP. v. ESTATE OF HARRISON

2008-10283

71 A.D.3d 653 (2010)

894 N.Y.S.2d 896

115-41 ST. ALBANS HOLDING CORP., Appellant, v. ESTATE OF MURIEL V. HARRISON et al., Defendants, and TOWN HOUSE ST., LLC, Respondent.

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

Decided March 2, 2010.

Ordered that the order is affirmed, with costs.

Although the defendant Town House St., LLC (hereinafter the defendant) served a notice of appearance, it did not serve a responsive pleading (see CPLR 3011). Consequently, issue was not joined, and the plaintiff was barred from seeking summary judgment (see CPLR 3212 [a]; Alexandru v Pappas, 68 A.D.3d 690, 691 [2009]; Union Turnpike Assoc., LLC v Getty...

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