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BARRETTI v. DETORE

Nos. 2010-07575, 2010-07577, 2010-10642.

95 A.D.3d 803 (2012)

944 N.Y.S.2d 166

2012 NY Slip Op 3390

PHILIP BARRETTI, Appellant, v. DOMINICK DETORE et al., Respondents, et al., Defendants. (Action No. 1.) CML LOAN FUND I, LLC, Respondent, v. 156/158 CLOVE ROAD HOLDINGS, LLC, et al., Defendants, and PHILIP BARRETTI, Appellant. (Action No. 2.)

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

Decided May 1, 2012.

Ordered that the order dated June 22, 2010, issued in action No. 1, is modified, on the law, by deleting the provision thereof which, in effect, converted the motion of the defendant CML Loan Fund I, LLC, pursuant to CPLR 3211 (a) (1) and, in effect, pursuant to CPLR 3211 (a) (5), to dismiss the complaint insofar as asserted against it in action No. 1, into a motion for summary judgment, and thereupon granted the motion, and substituting therefor provisions granting that...

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