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CUCCI v. CUCCI

31 A.D.3d 598 (2006)

819 N.Y.S.2d 88

JACK CUCCI, Respondent, v. JOHN CUCCI, Appellant.

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

July 18, 2006.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the cross motion and substituting therefor a provision denying the cross motion; as so modified, the order is affirmed, without costs or disbursements, and the interlocutory judgment dated November 29, 2004 is vacated.

The Supreme Court erred in granting the plaintiff's cross motion on the basis of the unpleaded and unargued doctrine...

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