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VITERITTI v. THOMAS

188 Misc.2d 518 (2001)

729 N.Y.S.2d 236

FRANK VITERITTI et al., Doing Business as HAUPPAUGE CENTER, Appellants, v. BENCYMOL A. THOMAS et al., Respondents.

Supreme Court, Appellate Term, Second Department.

April 11, 2001.

Attorney(s) appearing for the Case

Herbert L. Haas, Huntington, for appellants.

No appearance for respondent.

FLOYD, P. J., COLABELLA and COPPOLA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by providing that respondents' motion to dismiss is denied, that petitioners' cross motion to dismiss the affirmative defenses is granted with respect to all of the affirmative defenses except the affirmative defense that respondents are not proper parties, and matter remanded to the court below for trial; as so modified, affirmed without costs.

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