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PANDO v. FERNANDEZ

127 Misc.2d 224 (1984)

Christopher Pando, an Infant, by His Father and Natural Guardian, John Pando, Plaintiff, v. Daysi Fernandez et al., Defendants.

Supreme Court, Special Term, New York County.

October 19, 1984

Attorney(s) appearing for the Case

Joseph Ettinger, P. C., for plaintiffs. Herrick, Feinstein (James A. Moss and Harvey S. Feuerstein of counsel), for Daysi Fernandez, defendant. Robert Abrams, Attorney-General (Robert S. Hammer of counsel), for New York State Division of Lottery, defendant.

EDWARD J. GREENFIELD, J.

The motions of defendant Fernandez to dismiss the complaint for failure to state a cause of action and for summary judgment are consolidated for disposition with plaintiff's motion for sanctions for failure of that defendant to comply with requirements for discovery, and defendant's cross motion for leave to amend the answer.

Plaintiff, claiming breach of a "partnership agreement", asks the court for a declaratory judgment...

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