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DAVIDKIN v. RIZZUTO

502047/2014.

55 Misc.3d 528 (2017)

2017 NY Slip Op 27034

46 N.Y.S.3d 849

SEYMON DAVIDKIN, Plaintiff, v. MICHAEL RIZZUTO et al., Defendants.

Supreme Court, Kings County.

Decided February 6, 2017.

Attorney(s) appearing for the Case

Lewis Johs Avallone Aviles, LLP, Islandia ( David W. Fink of counsel), for defendants.

Law Office of Yuriy Prakhin, P.C., Brooklyn ( Gregory A. Nahas of counsel), for plaintiff.

OPINION OF THE COURT

Defendants' motion seeking leave to amend their answer to assert the affirmative defense that the plaintiff lacks the legal capacity to sue pursuant to CPLR 3025 (b), deeming the answer served, and dismissing the plaintiff's individual cause of action pursuant to CPLR 3211 (a) (3) is denied in its...

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