CHMIELOWIEC v. BLACKWOOD

2105, 302267/08.

144 A.D.3d 425 (2016)

2016 NY Slip Op 07137

40 N.Y.S.3d 107

MATTHEW CHMIELOWIEC, Respondent, v. DAMIEN BLACKWOOD et al., Defendants, and THE NOGA COMPANY, LLC, et al., Appellants.

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

Decided November 1, 2016.


Appellants' assertion that they were unaware that the case had been assigned to Justice Guzman's part before they moved for summary judgment is unsupported by the record and therefore cannot be considered (see Chimarios v Duhl, 152 A.D.2d 508 [1st Dept 1989]). The assertion is also belied by their notice of motion, which is in the record, and which identifies the IAS Part and judge to which the motion should be referred. Since appellants...

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