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KROPAC v. LONG ISLAND TRUST CO.

88 A.D.2d 584 (1982)

Christian Kropac et al., Respondents, v. Long Island Trust Company, Sued Herein as Long Island Trust Co., Inc., Appellant

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

May 3, 1982

Order reversed, insofar as appealed from, on the law, without costs or disbursements, and cross motion to dismiss the complaint granted.

Special Term was correct in treating defendant's cross motion to dismiss the complaint as a CPLR 3211 (subd [a], par 7) motion to dismiss for failure to state a cause of action. There was no abuse of discretion in sustaining the complaint in the face of a motion addressed to its legal sufficiency. The real issue in the case, however...

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