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SANTOS v. CHAPPELL

63 Misc.2d 730 (1970)

Edward Santos et al., Individually, and as Members of the Long Island Board of Realtors, Inc., and on Behalf of the Long Island Board of Realtors, Inc., Plaintiffs, v. Harvey Chappell, Individually and as Chairman of the Multiple Listing Committee of the Long Island Board of Realtors, Inc., et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 3, 1970

Attorney(s) appearing for the Case

Mark K. Leeds for plaintiffs. Theodore D. Hoffmann for Harvey Chappell and others, defendants. Roper & Neary (Millard King Roper of counsel), for Joseph F. Geraghty and another, defendants.

BERTRAM HARNETT, J.

The complaint was served upon the defendants on May 11, 1970. By written stipulation, the time in which defendants were required to answer the complaint was extended to June 5, 1970, with no specific reference to time for motions. On June 5, 1970, defendants moved pursuant to CPLR 3211 to dismiss the complaint.

A motion to dismiss a complaint pursuant to CPLR 3211 (subd. [a]), must be made: "at any time before service of the...

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