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COVINO v. ALSIDE ALUMINUM SUPPLY

42 A.D.2d 77 (1973)

Patrick Covino, d/b/a Pipeline Equipment Rental Corporation, Appellant, v. Alside Aluminum Supply Company et al., Respondents

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

June 29, 1973.

Attorney(s) appearing for the Case

Irwin Birnbaum for appellant.

Hancock, Estabrook, Ryan, Shove & Hust (Robert L. Duell of counsel), for respondents.

WITMER, MOULE, CARDAMONE and SIMONS, JJ., concur.

GOLDMAN, P. J.

Defendants-respondents moved to dismiss plaintiff-appellant's complaint "on the grounds that it fails to state facts sufficient to constitute a cause of action and on the further grounds that the plaintiff is not the real party in interest". Special Term's order dismissing the complaint recited that the basis for the dismissal was "that the plaintiff Patrick Covino is not the real party in interest...

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