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ISLAND INTELLECTUAL PROPERTY LLC v. REICH & TANG DEPOSIT SOLUTIONS, LLC

5042, 651702/15.

155 A.D.3d 542 (2017)

65 N.Y.S.3d 188

2017 NY Slip Op 08311

ISLAND INTELLECTUAL PROPERTY LLC et al., Respondents, v. REICH & TANG DEPOSIT SOLUTIONS, LLC, et al., Appellants.

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

Decided November 28, 2017.

The motion court should not have entertained plaintiffs' cross motion for summary judgment, as the parties did not chart a course for summary judgment (see Primedia Inc. v SBI USA LLC, 43 A.D.3d 685, 686 [1st Dept 2007]). Defendants objected to the court entertaining the motion as one for summary judgment and the court did not provide adequate notice of its intention to convert the motions pursuant to CPLR 3211 (c) (see Mihlovan...

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