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FRATTO v. OFF-TRACK BETTING

147 Misc.2d 577 (1990)

Mario Fratto, Plaintiff, v. Western Regional off-Track Betting Corporation, Defendant.

Supreme Court, Seneca County.

June 22, 1990

Attorney(s) appearing for the Case

John J. Nicit for plaintiff. Burd & McCarthy (Timothy A. McCarthy of counsel), for defendant.

W. PATRICK FALVEY, J.

The court notes that the matter at bar concerns a unique question within the framework of the facts presented. The plaintiff, through his attorney, moved this court for an order striking the defendant's first affirmative defense of improper service on the defendant and the defendant cross-moved for summary judgment dismissing the plaintiff's complaint, pursuant to CPLR 3211 and 3212....

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