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FLETCHER v. GREINER

73 A.D.2d 591 (1979)

Virginia Fletcher, Respondent, v. Sherwood W. Greiner, Appellant

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

December 3, 1979

Order reversed, on the law, without costs or disbursements, motion granted and complaint dismissed.

Defendant's failure to assert the proper subsection of the statute in his dismissal motion should have been disregarded (see CPLR 2001), in view of the lack of prejudice to plaintiff who was well acquainted with the basis of his motion through defendant's memorandum of law and responded to it on the merits (see Nye v Dawes, 20 A.D.2d 680

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