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CERVINI v. ZANONI

2010-11316.

95 A.D.3d 919 (2012)

944 N.Y.S.2d 574

2012 NY Slip Op 3582

RICARDO CERVINI et al., Appellants, v. ELIO D. ZANONI, Respondent.

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

Decided May 8, 2012.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1), and substituting therefor a provision denying that branch of the motion, and (2) by deleting the provision thereof denying, as academic, the plaintiffs' cross motion for leave to amend the complaint, and substituting therefor a provision...

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