CURRY v. NOCKET


104 A.D.2d 435 (1984)

Thomas Curry et al., Respondents, v. Michael Nocket et al., Appellants

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

August 20, 1984


Order entered July 13, 1983 affirmed, and orders entered October 13, 1983 and December 20, 1983, respectively, affirmed, insofar as appealed from, without costs or disbursements.

Defendants' initial cross motion, which was initiated by notice of cross motion dated July 6, 1983, was designated as a "Motion for Order dismissing Complaint with prejudice for failure to state a cause of action". However, by (1) specifically requesting that the complaint be dismissed "with...

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