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DE CLERQ v. PERUE

78 A.D.2d 706 (1980)

Donald R. De Clerq et al., Respondents, v. David B. Perue, Appellant. (Action No. 1.) Donald R. De Clerq et al., Respondents, v. David B. Perue et al., Appellants. (Action No. 2.)

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

October 9, 1980

At the outset it should be noted that insofar as appellant David B. Perue seeks to appeal from dismissal of Action No. 1, he is not aggrieved and his appeal is dismissed. Action No. 2 was commenced by service of a summons with notice on the appellants in the State of Florida. The notice recites: "Notice: The object of this action is to recover damages for fraud and misrepresentation in the sale of real property located in Johnstown, New York and/or for rescission. The relief...

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