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DUBOVSKY & SONS, INC. v. SCHWARTZ

75 A.D.2d 802 (1980)

Dubovsky & Sons, Inc., Respondent-Appellant, v. Leonard Schwartz, Appellant-Respondent

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

May 5, 1980

Order reversed, on the law, without costs or disbursements, motion for summary judgment denied, and order dated July 27, 1979 and judgments entered August 20, 1979 and October 24, 1979, respectively, vacated, without prejudice to the making of any further motion for summary judgment upon the joinder of issue.

Plaintiff is directed to serve and file a complaint within 20 days after the service upon it of a copy of the order...

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