RUBIN v. BAUMANN

653707/15, 3461, 3460, 3459.

148 A.D.3d 556 (2017)

2017 NY Slip Op 02001

52 N.Y.S.3d 3

HARVEY RUBIN, Respondent, v. JAMES S. BAUMANN et al., Appellants.

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

Decided March 21, 2017.


We reject defendants' contentions that plaintiff's 2015 sale notice was too vague, that it was defective because it was sent by his attorney rather than plaintiff personally, that plaintiff's motion sought relief not sought in the complaint, and that the court improperly reformed the parties' contract. However, we agree with defendants' argument that plaintiff was not entitled to partial summary judgment because he failed to send defendant James S. Baumann a sale notice pursuant...

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