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LAUPOT v. O'NEILL

49 Misc.2d 508 (1965)

Richard Laupot, Plaintiff, v. Florence M. O'Neill, Defendant.

Civil Court of the City of New York, New York County.

November 17, 1965

Attorney(s) appearing for the Case

Lazarus & Berkowitz (Jerome H. Berkowitz of counsel), for plaintiff. Chadbourne, O'Neill & Thomson (Martin N. McCarthy of counsel), for defendant.

NATHANIEL SORKIN, J.

Plaintiff, a New York City resident, seeks return of a deposit given to defendant, a resident of Westchester County, in connection with the purchase of the latter's home. The action was commenced by personal service of a summons and short-form complaint upon the defendant in Westchester County.

Defendant moved to dismiss the complaint pursuant to CPLR 3211 (subd. [a], par. 8), and...

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