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ASIEDU v. LIEBERMAN

310630/11, 1659, 1658.

142 A.D.3d 858 (2016)

37 N.Y.S.3d 709

NANA ASIEDU et al., Appellants, v. MARILYN LIEBERMAN, Respondent.

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

Decided September 22, 2016.

Defendant's mislabeled cross motion, in response to plaintiff Nana Asiedu's motion for summary judgment, was "an improper vehicle for seeking affirmative relief from [plaintiff Rosemary Asiedu,] a nonmoving party" (Mango v Long Is. Jewish-Hillside Med. Ctr., 123 A.D.2d 843, 844 [2d Dept 1986]; see also Kershaw v Hospital for Special Surgery, 114 A.D.3d 75, 88 [1st Dept 2013]).

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