Fargo v. Watertown Education Ass'n
This text of 175 A.D.2d 633 (Fargo v. Watertown Education Ass'n) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
— Order unanimously reversed on the law with costs and cross motion denied. Memorandum: Supreme Court erred in granting summary judgment to plaintiff before issue had been joined (see, CPLR 3212 [a]). The fact that defendants moved for an order of dismissal pursuant to CPLR 3211 (a) did not authorize Supreme Court to entertain plaintiff’s cross motion for summary judgment (see, City of Rochester v Chiarella, 65 NY2d 92, 101-102). (Appeal from Order of Supreme Court, Jefferson County, Gilbert, J. — Permanent Injunction.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.
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Cite This Page — Counsel Stack
175 A.D.2d 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fargo-v-watertown-education-assn-nyappdiv-1991.