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C.B. WESTERN FIN. CORP. v. COMPUTER CONSOLES, INC.

122 A.D.2d 10 (1986)

C.B. Western Financial Corp. et al., Respondents, v. Computer Consoles, Inc., Appellant. (Action No. 1.) Computer Consoles, Inc., Appellant-Respondent, v. Charles Mattingly, Jr., as Attorney for C.B. Western Financial Corp., et al., Respondents, and Jonas, Libert & Weinstein, Respondent-Appellant. (Action No. 2.)

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

July 7, 1986

Order modified, on the law, by (1) deleting the fourth decretal paragraph thereof, which denied the cross motion of Computer Consoles, Inc., to dismiss the complaint of the plaintiffs in action No. 1, and substituting therefor a provision granting those branches of the motion which sought to dismiss the second and third causes of action of that complaint, and (2) deleting from the first decretal paragraph the words "accordingly that cause of action is dismissed without prejudice...

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