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ALLAN v. WILPON

93 A.D.2d 717 (1983)

Norman Allan, Appellant, v. Kenneth I. Wilpon et al., Defendants, and Miami National Bank, Respondent

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

April 7, 1983

Respondent shall recover of appellant $75 costs and disbursements of this appeal. Judgment of said court, entered on March 25, 1982, unanimously modified, without costs and without disbursements, to dismiss the complaint without prejudice. Since the plaintiff was improperly served, the dismissal should have been without prejudice...

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