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Knolls Cooperative Section No. 2, Inc. v. Evans Development Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 690 (N.Y. App. Div. 1991)

Opinion

January 31, 1991

Appeal from the Supreme Court, Bronx County (Howard R. Silver, J.).


Plaintiff submitted no opposition to defendant's motion to dismiss pursuant to CPLR 3012 (b). In absence of an affidavit of merit, it was error, as a matter of law, not to grant the motion without condition (Kel Mgt. Corp. v Rogers Wells, 64 N.Y.2d 904). The contentions raised in the brief submitted on behalf of plaintiff are dehors the certified record on appeal, and may not be considered in evaluating the merits of this appeal (Block v Nelson, 71 A.D.2d 509).

Concur — Milonas, J.P., Wallach, Asch, Kassal and Smith, JJ.


Summaries of

Knolls Cooperative Section No. 2, Inc. v. Evans Development Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 690 (N.Y. App. Div. 1991)
Case details for

Knolls Cooperative Section No. 2, Inc. v. Evans Development Corp.

Case Details

Full title:KNOLLS COOPERATIVE SECTION NO. 2, INC., Respondent, v. EVANS DEVELOPMENT…

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

Date published: Jan 31, 1991

Citations

169 A.D.2d 690 (N.Y. App. Div. 1991)
565 N.Y.S.2d 72

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