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CHAROS v. CHAROS

264 A.D.2d 495 (1999)

694 N.Y.S.2d 702

PETER CHAROS, Plaintiff, v. THOMAS CHAROS, Individually and in the Right of HAYGROUND BUILDERS, INC., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. MACALBERT BANK AND CO. et al., Third-Party Defendants-Appellants, et al., Third-Party Defendant. (Action No. 1.) THOMAS CHAROS, Individually and in the Right of HAYGROUND BUILDERS, INC., Respondent, v. MACALPERT BANK AND CO. et al., Appellants, et al., Defendant. (Action No. 2.)

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

Decided August 30, 1999.

Ordered that the order is modified, on the law, by (1) deleting the provisions thereof denying those branches of the motion which were to dismiss the third-party complaint in Action No. 1 and the complaint in Action No. 2 insofar as asserted in the right of Hayground Builders, Inc., on the ground that the pleadings fail to conform to the particularity requirements of Business Corporation Law § 626 (c) and substituting therefor a provision granting those branches of the...

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