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SLAZAK v. CAPOZZI

265 A.D.2d 877 (1999)

695 N.Y.S.2d 851

DOLORES SLAZAK, as Executrix of RICHARD SLAZAK, Deceased, Respondent, v. MICHAEL CAPOZZI, Appellant.

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

Decided October 1, 1999.

Order unanimously affirmed without costs.

Memorandum:

Defendant appeals from an order of Supreme Court that denied his motion to dismiss the complaint alleging a wrongful death cause of action. Although defendant did not specify the ground upon which he sought dismissal under CPLR 3211, we construe the motion to be made pursuant to CPLR 3211 (a) (7), failure to state a cause of action. Viewing the motion in that light, we conclude that the complaint is sufficient...

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