Bldg Mgt. Co. Inc. v Etienne (2020 NY Slip Op 51440 (U))
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Since the language of the first sentence of CPLR § 409 (b) is mandatory (" [t]he court shall make a summary determination"), the statute itself requires that a summary determination be made whenever "no triable issues of fact are raised," regardless of the posture of the proceeding.
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