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GIAIMO v. ROLLER DERBY SKATE CORP.

234 A.D.2d 340 (1996)

650 N.Y.S.2d 791

Robert Giaimo et al., Appellants, v. Roller Derby Skate Corp. et al., Defendants, and Town of Hempstead, Respondent

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

December 9, 1996

Ordered that the judgment is affirmed, with costs.

The Supreme Court dismissed the complaint against the defendant Town of Hempstead pursuant to CPLR 3216 based on a cross motion by the defendant Roller Derby Skate Corp., which was subsequently withdrawn. Assuming, arguendo, that the Town properly joined in the motion pursuant to CPLR 3216, we conclude that it was not entitled to dismissal of the complaint on that ground. The Supreme Court order which purportedly...

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