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CARD v. BUDINI

29 A.D.2d 35 (1967)

Edna L. Card, Appellant, v. Gene T. Budini, Respondent

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

December 15, 1967.

Attorney(s) appearing for the Case

Arthur J. Harvey and Gerald Weinberg for appellant.

Ainsworth, Sullivan, Tracy & Knauf (Robert K. Ruslander and William M. O'Hare of counsel), for respondent.

HERLIHY, AULISI, STALEY, JR., and GABRIELLI, JJ., concur.

GIBSON, P. J.

Appeal is taken from an order of the Supreme Court at Special Term which granted defendant's motions (1) to dismiss as insufficient the two causes of action alleged in the complaint (CPLR 3211, subd. [a], par. 7) and (2) to strike out the allegations contained in certain designated paragraphs of the complaint as scandalous and prejudicial matter unnecessarily inserted therein (CPLR 3024, subd. [b...

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