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McENTEE v. CAPPUCCI

183 Misc.2d 70 (1999)

701 N.Y.S.2d 766

PATRICK E. McENTEE, SR., et al., Plaintiffs, v. JOSEPH CAPPUCCI et al., Defendants.

Civil Court, Kings County.

April 30, 1999.

Attorney(s) appearing for the Case

Isabella Natale, New York City, for Joseph Cappucci and another, defendants.

Joseph Cappucci, Jr., defendant pro se.

Mound, Cotton & Wollan, New York City (Emilie L. Bakal of counsel), for plaintiffs.

OPINION OF THE COURT

LOREN BAILY-SCHIFFMAN, J.

Defendants have brought a motion to dismiss the fifth and sixth causes of action against defendants Joseph Cappucci and Eileen Cappucci on the ground that the complaint fails to state a cause of action against them. For the following reasons, the motion is denied.

PROCEDURAL HISTORY

This action has its unfortunate beginnings in the violent incident...

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