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Decided on March 13, 2006
Civil Court of the City of New York, Richmond County

33681 RCV 2004
Kenneth P. Sherman, J.
The defendant moves for summary judgment dismissing the complaint upon the grounds that the plaintiff is required to have a home improvement license. The Honorable Catherine DiDomenico had previously allowed the defendant to move orally for summary judgment without a written notice of motion, and set the matter down for the parties to submit papers in support and opposition to said motion. Although pretrial motions are generally made by a formal written notice of motion, a court may nonetheless entertain an oral motion when the parties are before the court and there is no prejudice to either side from the informal procedure (see Siegel, NY Prac

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