Defendant, by notice of motion dated August 17, 1978, and supporting affidavits dated August 14, 1978 and August 16, 1978, and reply affidavit dated September 14, 1978, respectively, moves under CPLR 3211 (subd [a]) for dismissal of the cause of action.
Plaintiff opposes the motion by answering affidavits dated September 8, 1978.
Each party has submitted a brief memorandum of law.
The facts are only partially...
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