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HOWE NURSING HOME v. NAFUS

85 Misc.2d 196 (1976)

Howe Avenue Nursing Home, Inc., et al., Plaintiffs, v. Boyd B. Nafus et al., Defendants.

Supreme Court, Westchester County.

January 21, 1976

Attorney(s) appearing for the Case

Gerald Harris, County Attorney (Eric D. Koster of counsel), for County of Westchester. Joseph Albertson, Jr., for plaintiffs. Arnold Roseman for Boyd B. Nafus, defendant. John Fosina, defendant pro se.

ANTHONY J. CERRATO, J.

This is a motion by the defendant, County of Westchester (hereinafter referred to as "County") for a judgment dismissing the complaint upon the ground that said complaint fails to state a cause of action (CPLR 3211, subd [a]) and further, upon the ground that a necessary party has not been joined in this action. Plaintiff cross-moves for an order directing the defendant, County of Westchester, to certify the codefendant Boyd B....

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