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DYNAMIC TEMP. HELP, INC. v. GARMENT CHECK CASHING, INC.

73 A.D.2d 555 (1979)

Dynamic Temporary Help, Inc., et al., Respondents, v. Garment Check Cashing, Inc., Appellant

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

December 18, 1979

Birns, P. J., and Silverman, J., dissent in a memorandum by Silverman, J., in a memorandum as follows:

I would affirm the order appealed from. Defendant's motion was to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 7, 10), i.e., failure to state a cause of action and failure to join a party. The action was in the Civil Court of the City of New York. There was no formal complaint but only an indorsement upon the summons pursuant to section 902 (subd ...

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