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LINCOLN FIRST BANK OF ROCHESTER v. BARSTRO & ASSOCS. CONTRACTING, INC.

49 A.D.2d 1025 (1975)

Lincoln First Bank of Rochester, Respondent, v. Barstro & Associates Contracting, Inc., et al., Defendants, and W. Kramer Cuddy, III, et al., Appellants

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

October 31, 1975

Order unanimously affirmed, without costs.

Memorandum:

Special Term properly considered all of the "contested" matters which were relevant to its determination (CPLR 3211, subd [c]) and correctly granted plaintiff's motion to dismiss defendants' counterclaim on the ground that it failed to state a cause of action (CPLR 3211, subd [a]) for either prima facie tort or the intentional infliction of emotional distress. Plaintiff's actions in allegedly threatening...

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