CULP & EVANS v. WHITE


106 Misc.2d 755 (1981)

Culp & Evans et al., Plaintiffs, v. Clyde C. White et al., Defendants.

Supreme Court, Erie County.

January 13, 1981


Attorney(s) appearing for the Case

Damon, Morey, Sawyer & Moot (James Kieffer of counsel), for defendants. Moot, Sprague, Marcy, Landy, Fernbach & Smythe (Frank Clark of counsel), for plaintiffs.


RUDOLPH U. JOHNSON, J.

Defendant, Clyde C. White, by notice of motion seeks an order pursuant to CPLR 3211 (subd [a], par 8) and 302 (subd [a], par 1) dismissing the complaint herein.

This motion was previously denied by this court, without prejudice to renew after the taking of defendant White's deposition. That deposition has now been furnished to the court upon the renewal of this motion.

Plaintiffs, Culp & Evans and William A....

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