Respondent John J. Kreiner, Jr. (Kreiner) cross-moved to dismiss the petition for legal insufficiency (CPLR 404, subd [a]), and it is from Special Term's granting of the cross motion to dismiss that petitioner now appeals a fair reading of the petition, its attached exhibits and the affidavit in opposition to the motion by petitioner's attorney reveals the following allegations: petitioner contracted with the judgment debtor in 1975 for performance of certain improvements...
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