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PETRACCA v. PETRACCA

305 A.D.2d 566 (2003)

760 N.Y.S.2d 513

LESTER PETRACCA, Respondent-Appellant, v. EUGENE PETRACCA et al., Appellants-Respondents, and ROCKAWAY TRIANGLE LIMITED PARTNERSHIP et al., Respondents-Appellants.

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

Decided May 19, 2003.

Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying those branches of the defendants' motion which were to dismiss the fourth, sixth through eleventh, and thirteenth affirmative defenses of the plaintiff and the additional counterclaim defendants to their counterclaims and substituting therefor a provision granting those branches of the defendants' motion, and (2) deleting the provision...

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