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TIBODEAU v. ABRAHAMS

260 A.D.2d 367 (1999)

687 N.Y.S.2d 696

KENNETH J. TIBODEAU et al., Respondents, v. SOLOMON ABRAHAMS et al., Appellants.

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

Decided April 5, 1999.

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

Contrary to the defendants' contention, the Supreme Court properly treated their motion as having been made pursuant to CPLR 3211 (a) (7) in view of the arguments presented in the moving papers. The allegations in the complaint, together with the additional evidentiary material presented by the plaintiffs (see, Rovello v Orofino Realty Co.,...

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