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CLEMENT v. MONTWILL

11 Misc.3d 524 (2006)

807 N.Y.S.2d 869

PETER CLEMENT, Ph.D., as Acting Commissioner of the Department of Social Services of the County of Nassau, Plaintiff, v. CASEY MONTWILL, Defendant.

Supreme Court, Nassau County.

January 25, 2006.

Attorney(s) appearing for the Case

Donald F. Gotimer, Uniondale, for plaintiff.

Ira S. Schneider, North Merrick, for defendant.

OPINION OF THE COURT

THOMAS P. PHELAN, J.

Motion by plaintiff Peter Clement, Ph.D., Acting Commissioner of the Department of Social Services of the County of Nassau, for an order pursuant to CPLR 3211 (b) dismissing the affirmative defense of defendant Casey Montwill on the grounds that it fails to state a valid defense is granted and the affirmative defense is dismissed. Cross motion by defendant Casey Montwill...

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