CAPONE v. CAPONE


148 A.D.2d 565 (1989)

Patricia Capone, Respondent, v. Peter Capone, Appellant

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

March 20, 1989


Ordered that the appeal from the order dated June 30, 1988 is dismissed, without costs or disbursement; and it is further,

Ordered that the order and judgment (one paper) is reversed insofar as appealed from, on the law and the facts, without costs or disbursements, so much of the order dated June 30, 1988 as denied that branch of the defendant's cross motion which was for summary judgment dismissing the second cause of action is vacated, and that branch of the defendant...

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