ROTH v. GOLDMAN


254 A.D.2d 405 (1998)

679 N.Y.S.2d 92

Stanley Roth, Respondent, v. Stuart Goldman, Appellant

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

October 19, 1998


Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant moved pursuant to CPLR 3211 (a) (1) and (7) to dismiss the plaintiff's complaint. In the order appealed from, Justice DiNoto stated, incorrectly, that the defendant's motion was for summary judgment. Justice DiNoto also inconsistently, but correctly, stated that the defendant's motion was brought pursuant to CPLR 3211 (a) (1) and (7)....

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