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FISCHER v. RWSP REALTY, LLC

2007-04298.

2008 NY Slip Op 06357

JOSEPH FISCHER, appellant, v. RWSP REALTY, LLC, D/B/A PRUDENTIAL RAND REALTY, ET AL., respondents.

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

Decided July 22, 2008.

Attorney(s) appearing for the Case

Ernest H. Hammer, New York, N.Y., for appellant.

Condon Resnick, LLP, Nyack, N.Y. (Ellen O'Hara Woods of counsel), for respondents.

REINALDO E. RIVERA, J.P., ROBERT A. LIFSON, HOWARD MILLER, EDWARD D. CARNI, RANDALL T. ENG, JJ.

DECISION & ORDER

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

Contrary to the plaintiff's contention, the defendants properly framed their motion as one for summary judgment dismissing the complaint. Although a motion for summary judgment is usually based upon the overall merits of the case rather than on an individual defense, once issue has been joined, a motion for summary judgment may be based on CPLR 3211(a) grounds which...

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