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KOWALSKI v. FAMILIA

43 A.D.2d 943 (1974)

Cynthia C. Kowalski, Also Known as Cynthia Crocitto, Appellant, v. Margaret J. Familia, Also Known as Margaret Jahr, et al., Respondents

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

February 4, 1974

Order modified by adding thereto a provision granting defendants' motion to dismiss the complaint. As so modified, order affirmed, with $20 costs and disbursements to respondents.

In our opinion, the order under review should have conformed to Special Term's decision, which not only denied plaintiff's cross motion but granted defendants' motion to dismiss the complaint on the ground that it failed to state a cause of action (CPLR 3211, subd...

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