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CAIATI v. KIMEL FUNDING CORP.

154 A.D.2d 639 (1989)

Ann Caiati, as Executrix of Emanuel Caiati, Deceased, Respondent, v. Kimel Funding Corp. et al., Defendants, and Anthony Garguilo et al., Doing Business as Caiati, Garguilo and Green, et al., Appellants

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

October 30, 1989

Ordered that the order is modified, on the law by deleting therefrom the provisions which granted that branch of the plaintiff's motion which was to dismiss the defendants' fourth and ninth affirmative defenses asserted in the answer of the defendants Garguilo, Green and Michael Caiati, and by substituting therefor a provision denying that branch of the plaintiff's motion which was to dismiss those affirmative defenses; as so modified, the order is affirmed insofar as appealed...

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