QUINTA DOROTEIA, LTD. v. WAGNER


253 A.D.2d 459 (1998)

676 N.Y.S.2d 653

Quinta Doroteia, Ltd., et al., Appellants-Respondents, v. John M. Wagner, Individually and as Trustee of the Unified Credit Trust Under The Will of Mathias Wagner, Respondent-Appellant, et al., Defendants

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

August 10, 1998


Ordered that the order and judgment is modified by (1) deleting the provision thereof denying those branches of the plaintiffs' motion which were to dismiss the fourth, fifth, and sixth counterclaims asserted in the amended answer and substituting therefor a provision granting those branches of the plaintiffs' motion, and (2) deleting the provision thereof which purported to dismiss the eighth counterclaim asserted in the amended answer; as so modified, the order and judgment...

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