BURKE v. WUSTER


135 A.D.2d 598 (1987)

Kathleen Burke, Respondent, v. Edward J. Wuster, Appellant

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

December 14, 1987


Ordered that the order is affirmed insofar as appealed from, with costs.

Whether the defendant's motion be viewed as one pursuant to CPLR 3211 or 3212, dismissal of the complaint was properly denied. The propriety of the defendant's rescission of the contract raises issues which should be determined...

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