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KUNG v. FARINELLA

277 A.D.2d 427 (2000)

716 N.Y.S.2d 891

NANCY S. N. KUNG, Also Known as NANCY K. PAN, Appellant, v. GUS M. FARINELLA, Respondent.

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

Decided November 27, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint reinstated.

Although the determination of a CPLR 3211 (a) (4) motion to dismiss is committed to the sound discretion of the motion court (see, Whitney v Whitney, 57 N.Y.2d 731, 732), it was an improvident exercise of discretion to grant the motion to dismiss in this case.

CPLR 3211 (a) (4) provides that a court may...

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