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GEISER v. GEISER

79 A.D.2d 571 (1980)

Naura Geiser, Appellant, v. Theodore W. Geiser, Respondent

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

December 18, 1980

Reversed, on the law, without costs, the motion to dismiss denied, the complaint reinstated, and defendant is directed to answer the complaint within 20 days of determination of this appeal, without prejudice to any summary judgment motion defendant may wish to make.

The application to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 1, 2, 5, 7) was the second motion made for the same relief. Under this section, subdivision (e), we

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