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GIBNEY v. GIBNEY

78 A.D.2d 647 (1980)

Vincent J. Gibney, Respondent, v. Geraldine Gibney, Individually and Doing Business as Gerry G. Temp., et al., Appellants

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

October 14, 1980

Order affirmed, without costs or disbursements.

Special Term, the affidavits of the parties at Special Term, and the briefs on appeal have treated that part of the motion to dismiss as to the "FIRST", "SECOND" and "THIRD" causes of action as one for summary judgment; therefore, we will treat that part of the motion as such. (See Maybrown v Malverne Distrs., 57 A.D.2d 548, 549, mot...

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