Defendant's motion seeking to dismiss the amended complaint for failure to state a cause of action, and for alternative relief, was treated by the court as a motion for summary judgment pursuant to CPLR 3211 (subd [c]). The parties were directed to serve and file evidentiary matter in support of the said motion and upon such submission this court finds:
On or about January 1, 1968 plaintiff joined the law firm of Gerald Schoenfeld...
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