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DEED v. CONDRELL

150 Misc.2d 279 (1991)

Martha L. Deed, Plaintiff, v. Kenneth N. Condrell et al., Defendants.

Supreme Court, Erie County.

January 15, 1991

Attorney(s) appearing for the Case

Damon & Morey (Andrew Feldman of counsel), for defendants. Elsaeser, O'Connell & Cleary (Paul G. Cleary of counsel), for plaintiff.

LEO J. FALLON, J.

Before the court is an application by defendants pursuant to CPLR 3211 (a) (7) for an order dismissing this action by reason of its failure to state a cause of action. The facts as they pertain to this motion are as follows: The plaintiff in this action was divorced by a judgment of this court filed December 28, 1977 which inter alia awarded joint custody of plaintiff's daughter. The...

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