Zellner v. Tarnell
| Decision Date | 05 August 2008 |
| Docket Number | No. 2007-11063,2007-11063 |
| Citation | 54 A.D.3d 329,2008 NY Slip Op 6558,861 N.Y.S.2d 598 |
| Parties | RONALD ZELLNER et al., Respondents, v. PAUL TARNELL et al., Appellants. |
| Court | New York Supreme Court — Appellate Division |
The plaintiffs sellers failed to include a complete set of the pleadings and an affidavit in support of their motion for summary as required by CPLR 3212 (b). Accordingly, they were not entitled to summary judgment, and denial of their motion was required (see Sendor v Chervin, 51 AD3d 1003 [2008]; Thompson v Foreign Cars Ctr., Inc., 40 AD3d 965 [2007]; Matsyuk v Konkalipos, 35 AD3d 675 [2006]).
In light of our determination, we need not reach the appellants' remaining contentions.
Before: SPOLZINO, J.P., FISHER, CARNI and DICKERSON, JJ., concur.
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North State Autobahn Inc. v. Progressive Ins. Group
...the Answer in violation of CPLR 3212(b), and the Court could have denied all the motions on that basis alone ( Zellner v. Tarnell, 54 A.D.3d 329, 861 N.Y.S.2d 598 [2d Dept. 2008] ). As none of the parties has raised this procedural defect, rather than waste the Court's and the parties' time......
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Whalen v. Villegas
...copy of the pleadings to its motion papers. Mieles v. Tarar, 100 A.D.3d 719, 955 N.Y.S.2d 86 (2nd Dept.2012); Zellner v. Tarnell, 54 A.D.3d 329, 861 N.Y.S.2d 598 (2nd Dept.2007); and Matsyuk v. Konkapilos, 35 A.D.3d 675, 824 N.Y.S.2d 918 (2nd Dept.2006); and CPLR 3212(b). Plaintiffs motion ......
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