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BENNETT v. HUCKE

64 A.D.3d 529 (2009)

881 N.Y.S.2d 335

JOSEPH BENNETT, Appellant, et al., Plaintiff, v. MICHAEL HUCKE, et al., Defendants, and ALAN KIRK et al., Respondents.

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

Decided July 7, 2009.

Ordered that the order is reversed, on the law, with costs, and the respondents' motion pursuant to CPLR 3211 to dismiss the complaint insofar as asserted against them is denied.

As the plaintiff correctly contends, the motion of the defendants Alan Kirk, Alan H. Kirk, Inc., and Alan Kirk Custom Homes, Inc. (hereinafter collectively the Kirk defendants), pursuant to CPLR 3211 to dismiss the complaint was not made within...

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