DAYTON v. AMITY ESTATES, INC.


24 A.D.2d 491 (1965)

Gloria Dayton, an Infant, by Raymond C. Dayton, Her Father and Natural Guardian, et al., Respondents, v. Amity Estates, Inc., et al., Appellants

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

June 21, 1965


On the appeal by defendant Waisman: order reversed, without costs; his motion to dismiss granted, and the amended complaint dismissed as to him, without costs. On the appeal by defendant Amity Estates, Inc.: order affirmed, without costs.

Defendant Waisman moved to dismiss the amended complaint pursuant to CPLR 3211, on the ground, inter alia, that documentary evidence established his defense to the action. The copies of a recorded deed and a lease signed by...

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