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FIERRO v. MAURO

104 Misc.2d 419 (1980)

Anthony Fierro, Plaintiff, v. Vito Mauro et al., Defendants.

Supreme Court, Special Term, Queens County.

March 24, 1980.

Attorney(s) appearing for the Case

Dikman & Botter for defendants. Vincent P. Di Stephan for plaintiff.

ALBERT H. BUSCHMANN, J.

Defendants move for an order pursuant to CPLR 3211 and/or 3212 dismissing the above-titled action upon the grounds that it is barred by the Statute of Frauds. The complaint seeks to compel the determination of a claim to real property known as 49-49 Fresh Meadow Lane, Flushing, New York. The property is owned by defendants Fierro and Mauro as tenants in common.

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