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FERGUSON v. McCARTHY

84 A.D.2d 922 (1981)

James W. Ferguson, Appellant, v. Amelia McCarthy, Individually, and Doing Business as Games Tournament Board, Respondents. (Appeal No. 1.)

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

November 13, 1981

Order reversed, with costs, and motion denied.

Memorandum:

Plaintiffs appeal from orders which dismissed their complaints for failure to obtain leave of the court to serve new complaints after their earlier pleadings had been dismissed (CPLR 3211, subd [e]). In December, 1979, defendants moved, pursuant to CPLR 3211 (subd [a], pars 5, 7) to dismiss plaintiffs' complaints which had been served in November. Plaintiffs opposed that motion on the merits and, in...

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