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SHG RESOURCES, LLC v. SYTR REAL ESTATE HOLDINGS LLC

Index No. 653930/19. Appeal No. 15176-15176A. Case No. 2021-02206.

201 A.D.3d 610 (2022)

162 N.Y.S.3d 325

2022 NY Slip Op 00525

SHG Resources, LLC, Respondent, v. SYTR Real Estate Holdings LLC, Defendant, and Shlomo Rechnitz, Appellant.

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

Decided January 27, 2022.

Attorney(s) appearing for the Case

Koffsky Schwalb LLC, New York ( Efrem Schwalb and Tal Benschar of counsel), for appellant.

Dechert LLP, New York ( Neil A. Steiner of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

The Court of Appeals has noted that the rule barring a pre-joinder motion for summary judgment is strictly applied (City of Rochester v Chiarella, 65 N.Y.2d 92, 101 [1985]). While CPLR 3211(c) permits the court, on notice to the parties, to treat a motion to dismiss as a motion for summary judgment before issue is joined, that is not the case here, where SHG moved directly for summary judgment; thus, a motion for summary judgment...

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