CARCIONE v. RIZZO


154 Misc.2d 13 (1992)

Walter Carcione, Appellant, v. Joe Rizzo, Respondent, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

October 7, 1992


Attorney(s) appearing for the Case

Walter Carcione, appellant pro se. Horing & Welikson, Forest Hills (Leonard R. Kaplain of counsel), for respondent.

MONTELEONE, J. P., and SCHOLNICK, J., concur; ARONIN, J., dissents in a separate memorandum opinion.


MEMORANDUM.

Order modified to the extent of denying defendant's motion for summary judgment on condition that plaintiff serve and file a formal amended complaint within 30 days of the date of the order hereon, as so modified affirmed without costs.

The pro se indorsed pleadings dated May 30, 1991 state that plaintiff is suing in the amount of $24,750 for "Return of fees and rentals paid for illegal rental...

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