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MATTER OF BRISIMITZAKIS v. A. B. MACH. WORKS, INC.

118 A.D.2d 568 (1986)

In the Matter of Angelo Brisimitzakis, Respondent, v. A. B. Machine Works, Inc., Appellant

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

March 3, 1986

Order affirmed, with costs.

Special Term properly denied the appellant's motion to dismiss the petition, pursuant to either CPLR 3211 (a) (7) or 3212. The petition, together with the petitioner's affidavit in opposition to the motion, is sufficient to withstand dismissal pursuant to CPLR 3211 (a) (7). "[A]ffidavits may be used freely to preserve inartfully pleaded, but potentially meritorious, claims" (Rovello v Orofino Realty Co., 40 N.Y.2d...

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