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ZITO v. FISCHBEIN BADILLO

11 Misc.3d 713 (2006)

809 N.Y.S.2d 444

ROBERT J.A. ZITO, Plaintiff, v. FISCHBEIN BADILLO WAGNER HARDING et al., Defendants.

Supreme Court, New York County.

February 6, 2006.

Attorney(s) appearing for the Case

Menachem Kastner, New York City, defendant pro se.

Nimkoff Rosenfeld & Schechter, LLP, New York City (Ronald A. Nimkoff of counsel), for plaintiff.

OPINION OF THE COURT

HERMAN CAHN, J.

Defendant Menachem Kastner moves (sequence No. 16) to dismiss the second amended complaint on the ground of documentary evidence (CPLR 3211 [a] [1]) or, alternatively, to treat this preanswer motion as one for summary judgment dismissing said complaint, and granting same (CPLR 3211 [c]). He further moves for sanctions against plaintiff (22 NYCRR 130-1.1 et seq.).

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