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BRINKMANN v. CARTER

65 A.D.2d 744 (1978)

J. Baxter Brinkmann, Respondent, v. Arthur L. Carter, Appellant

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

November 30, 1978

The plaintiff is directed to serve formal pleadings within 20 days of service of a copy of the order entered hereon, with notice of entry. This court sua sponte is transferring this matter to the Civil Court where this suit should have been brought in the first instance (Midtown Commercial Corp. v Kelner, 29 A.D.2d 349, 351). The defendant had taken an assignment of a leasehold in Manhattan and concomitantly purchased some...

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