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ADDESSO v. SHEMTOB

70 N.Y.2d 689 (1987)

William J. Addesso, Respondent, v. David Shemtob et al., Appellants.

Court of Appeals of the State of New York.

Decided July 9, 1987.

Attorney(s) appearing for the Case

Herman S. Rosen for appellants.

Sally Weinraub for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff commenced this action for specific performance of a contract for sale of certain real estate by service of summons and complaint. Before answering, defendants moved pursuant to CPLR 3211 (a) (7) to dismiss the complaint for failure to state a cause of action. Within 20 days of service of his original complaint, plaintiff served...

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