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MATTER OF VACCARI v. VACCARI

9392, 656347/17.

172 A.D.3d 582 (2019)

2019 NY Slip Op 04034

In the Matter of Richard Vaccari et al., Appellants, v. Paul Vaccari et al., Respondents.

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

Decided May 23, 2019.

The court was not required to notify petitioners pursuant to CPLR 3211 (c) that it was converting respondents' cross motion to one for summary judgment, because respondents moved pursuant to both CPLR 3211 and 3212. Petitioners could hardly have been unaware that respondents were moving for summary judgment, as they submitted a statement of uncontroverted facts (see Rules of Commercial Div of Sup Ct [22 NYCRR] § 202...

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