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CUTTING EDGE, INC. v. SANTORA

4 A.D.3d 867 (2004)

771 N.Y.S.2d 462

CUTTING EDGE, INC., Appellant, v. CHRISTOPHER SANTORA et al., Respondents.

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

February 11, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law with costs, the motion is denied, the amended complaint is reinstated, the cross motion is granted in part and the caption is amended in accordance with the following memorandum: Supreme Court erred in granting defendants' motion to dismiss the amended complaint pursuant to CPLR 3211 (a) (3) and in denying that part of plaintiff...

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