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City of New York v Gounden 2013 NY Slip Op 30349(U) January 22, 2013 Sup Ct, Queens County Docket Number: 3005/12 Judge: Kevin Kerrigan Republished from New York State Unified Court System's E-Courts Service. Search E-Courts (http://www.nycourts.gov/ecourts) for any additional information on this case. This opinion is uncorrected and not selected for official publication.

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Short Form Order NEW YORK SUPREME COURT - QUEENS COUNTY KEVIN J. KERRIGAN Justice ----------------------------------------X City of New York, Present: HONORABLE Plaintiff, - against Kris Gounden, Defendant. ----------------------------------------X Motion Date: 12/21/12 Motion Cal. Number: 21 Motion Seq. No.: 2 Part 10

Index Number: 3005/12

The following papers numbered 1 to 10 read on this motion by plaintiff for summary judgment and cross-motion by defendant to compel discovery. Papers Numbered Notice of Motion-Affirmation-Exhibits.............. 1-4 Memorandum of Law in Support....................... 5 Memorandum of Law in Opposition and motion to compel-Exhibits...........................6-7 Reply-Exhibits..................................... 8-10 As a preliminary matter, defendant's "memorandum of law in opposition to plaintiff's motion for summary judgment and motion to compel documents possessed by plaintiff" is deemed an affidavit in opposition to the motion and a cross-motion to compel discovery. Upon the foregoing papers it is ordered that the motion and cross-motion are decided as follows: Motion by the City for summary judgment on its complaint brought pursuant to Real Property Actions and Proceedings Law (RPAPL)

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