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NOVAK & CO. v. TRAVELERS IND.

56 A.D.2d 418 (1977)

Novak & Co., Inc., Appellant, v. Travelers Indemnity Company, Respondent

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

March 28, 1977

Attorney(s) appearing for the Case

Kuh, Shapiro, Goldman, Cooperman & Levitt, P. C. (Edward S. Wactlar and Robert N. Cooperman of counsel), for appellant.

Tunstead & Schechter (Michael S. Torre of counsel), for respondent.

RABIN, Acting P. J., TITONE and O'CONNOR, JJ., concur.

SHAPIRO, J.

Upon defendant's motion "for an order pursuant to CPLR 3211 dismissing the complaint upon the grounds that plaintiff's cause of action is barred by the statute of limitation and release and that the complaint fails to state a cause of action," the Special Term of the Supreme Court, Kings County, made an order entered April 23, 1976 "that The Travelers Indemnity Company's motion for an order dismissing...

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