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HURTADO v. CASTELLI

2008-1010 QC.

26 Misc.3d 92 (2010)

896 N.Y.S.2d 798

NELLY HURTADO et al., Respondents, v. GIOVANNI CASTELLI, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided January 12, 2010.

Attorney(s) appearing for the Case

Cheven , Keeley & Hatzis, New York City ( William B. Stock of counsel), for appellant.

Mitchell Dranow , Mineola and Harmon , Linder & Rogowsky, New York City, for respondents.

GOLIA, J.P., PESCE and WESTON, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is reversed without costs, and, upon the granting of leave to reargue, defendant's motion for leave to amend the answer to interpose the defense of lack of capacity and, upon such amendment, for summary judgment dismissing the complaint insofar as asserted by Wilfredo Diaz, is granted.

Nelly Hurtado and Wilfredo Diaz...

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