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JEAN v. JOSEPH

41 A.D.3d 657 (2007)

838 N.Y.S.2d 780

NADINE JEAN et al., Respondents, v. LUCAS JOSEPH, Respondent-Appellant, GREENPOINT SAVINGS BANK, Appellant-Respondent, et al., Defendants.

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

Decided June 19, 2007.

Ordered that the order is reversed insofar as appealed from, on the law, and that branch of the cross motion of the defendant GreenPoint Savings Bank which was pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint, and the cross claim by the defendant Lucas Joseph, insofar as asserted against it is granted; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

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