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ULRICH v. SHATKIN

93 A.D.2d 1000 (1983)

Elaine M. Ulrich, Respondent, v. Samuel Shatkin, Appellant

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

April 1, 1983

Order unanimously affirmed, with costs.

Memorandum:

It does not clearly appear from the face of the complaint whether the gravamen of the action is for breach of contract or malpractice. For this reason Special Term properly denied the motion to dismiss under CPLR 3211 (subd...

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