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WOODBURY HOMEOWNERS v. GODT

000485/11

32 Misc.3d 366 (2011)

926 N.Y.S.2d 812

BOARD OF DIRECTORS OF HOUSE BEAUTIFUL AT WOODBURY HOMEOWNERS ASSOCIATION, INC., Plaintiff, v. KENNETH H. GODT et al., Defendants.

Supreme Court, Nassau County.

Decided May 18, 2011.

Attorney(s) appearing for the Case

Irwin Popkin , Melville, for Kenneth H. Godt and another, defendants.

Schneider Mitola, LLP, Garden City, for plaintiff.

OPINION OF THE COURT

STEVEN M. JAEGER, J.

Defendants, Kenneth H. Godt and Christina Godt (hereinafter Godt), move pursuant to CPLR 3211 (a) (7) to dismiss plaintiff's complaint for failure to state a cause of action. Plaintiff opposes the motion and pursuant to CPLR 3211 (c) seeks to convert Godt's motion to a summary judgment motion and grant summary judgment in favor of plaintiff against Godt.

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