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SAVINO v. SAVINO

43 A.D.3d 1029 (2007)

841 N.Y.S.2d 455

JAMES SAVINO, Respondent, v. ANNE SAVINO, Appellant.

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

Decided September 18, 2007.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the plaintiff's submission of a proposed amended verified complaint and his reference thereto in his motion papers, in place of a separate affidavit of merit, was sufficient to satisfy the requirement to demonstrate a meritorious cause of action (see Chiaffarano v Winston, 234 A.D.2d 329 [1996]; see also Salch v Paratore,

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