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NAT'L RECOVERY v. MAZZEI

123 Misc.2d 780 (1984)

National Recovery Systems, as Assignee of Grand Resorts, Inc., Plaintiff, v. Rudolph L. Mazzei, Defendant.

Supreme Court, Special Term, Suffolk County.

March 30, 1984

Attorney(s) appearing for the Case

Mars, Sloane & Conlon for defendant. Wexner, Koenig & Margolies for plaintiff.

ELI WAGER, J.

This motion to dismiss the complaint is denied.

Rudolph L. Mazzei, the defendant in this action to recover $12,500 allegedly lent him in 1977 by the plaintiff's assignor, moves to dismiss the complaint on the ground that the court lacks subject matter jurisdiction and that the complaint fails to state a cause of action. Defendant alleges in his affidavit — in conclusory fashion — that the money was advanced to...

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