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K.S.L.A. CONSTR. CORP. v. PACCIONE

102 A.D.2d 813 (1984)

K.S.L.A. Construction Corp., Appellant, v. Michael Paccione, Respondent, et al., Defendant

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

June 4, 1984

¶ Order reversed insofar as appealed from, on the law, without costs or disbursements, and respondent's motion denied in its entirety.

¶ Whether viewed as a motion to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 7) or a motion for partial summary judgment pursuant to CPLR 3212, Special Term erred in dismissing the first cause of action of the complaint as against respondent Michael Paccione. Construing the complaint liberally in favor of the...

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