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STATEN ISLAND SAVINGS BANK v. TRI-STATE POWER WASH, INC.

284 A.D.2d 527 (2001)

728 N.Y.S.2d 53

STATEN ISLAND SAVINGS BANK, Appellant, v. TRI-STATE POWER WASH, INC., et al., Defendants, and ROSEANN CRETELLA, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 25, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

CPLR 3213 melds pleading and motion practice into one step, allowing a summary judgment motion to be made before issue is joined (see, Weissman v Sinorm Deli, 88 N.Y.2d 437, 443; cf., CPLR 3212). "[I]f plaintiff's claim plainly fails on the merits, the court can grant summary judgment for defendant, denying the motion and dismissing the action...

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