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BOARD OF DIRECTORS OF HILL & DALE HOMEOWNERS ASSOC., INC. v. CAPPELLO

18 Misc.3d 38 (2007)

852 N.Y.S.2d 586

BOARD OF DIRECTORS OF HILL & DALE HOMEOWNERS ASSOC., INC., Appellant, v. GENE CAPPELLO et al., Respondents.

Supreme Court, Appellate Term, Second Department.

November 21, 2007.

Attorney(s) appearing for the Case

Banks, Shapiro, Gettinger & Waldinger, LLP, Mount Kisco (Brian M. Higbie of counsel), for appellant.

Gene Cappello, respondent pro se.

Amy Cappello, respondent pro se.

RUDOLPH, P.J., EMERSON and LaCAVA, JJ.

OPINION OF THE COURT

MEMORANDUM.

Judgment reversed without costs, decision vacated except insofar as it implicitly denied defendants' motion to dismiss the complaint, and matter remanded for all further proceedings. Defendants shall submit an answer within 10 days of service upon them of a copy of this order.

In this action, plaintiff, the board of directors of a condominium homeowners' association...

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