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LEARY v. BENDOW

6427N, 150773/12.

161 A.D.3d 420 (2018)

76 N.Y.S.3d 519

2018 NY Slip Op 03114

Kristine Leary et al., Respondents, v. Carolyn Bendow et al., Appellants.

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

Decided May 1, 2018.

Although plaintiffs failed to include a copy of defendants' original motion to strike with the renewal motion, this did not violate CPLR 2214 (c) because the original motion had been electronically filed and therefore was available to the parties and the court (see also Studio A Showroom, LLC v Yoon, 99 A.D.3d 632 [1st Dept 2012]). There is no evidence that the record was not sufficiently complete to allow the court to render a decision...

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