GHERARDI v. BURKE


144 A.D.2d 339 (1988)

Roy Gherardi, Respondent, v. Mary G. Burke et al., Appellants

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

November 7, 1988


Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the defendants' motion is granted to the extent that the complaint is dismissed with leave to the plaintiff to serve an amended complaint within 60 days after service upon him of a copy of this decision and order with notice of entry.

We conclude that to the extent that the defendants sought dismissal pursuant to CPLR 3211 (a) (1) of the plaintiff's cause of...

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