KNOPP v. SLATER (1999)

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

Alfred P. KNOPP, et al., respondents, v. Yvonne B. SLATER, etc., appellant.

Decided: February 22, 1999

GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN and ANITA R. FLORIO, JJ.

Russo & Galgano, White plains, N.Y. (Louis J. Galgano III and Joanne T. Ciaramella of counsel), for appellant. Christopher P. Knopp, Scarsdale, N.Y., for respondents.

In an action for specific performance of a contract and to recover damages for breach of contract, the defendant appeals, as limited by her brief, from so much of an order of the Supreme Court, Westchester County (Fredman, J.), entered January 22, 1998, as, upon denying her motion to dismiss the complaint, granted the plaintiffs' purported cross motion for summary judgment.

ORDERED that the order is reversed insofar as appealed from, with costs, and the plaintiffs' purported cross motion for summary judgment is denied.

The Supreme Court erred in awarding the plaintiffs summary judgment. The defendant had not moved for summary judgment and the plaintiffs did not make a cross motion which complied with the notice provisions of CPLR 2215 and CPLR 2103 (see, Tulchin Assocs. v. Vignola, 186 A.D.2d 183, 587 N.Y.S.2d 761; Vanek v. Mercy Hosp., 135 A.D.2d 707, 522 N.Y.S.2d 607).

In view of the foregoing, there is no need to address the other issues raised by the defendant.

MEMORANDUM BY THE COURT.

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