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BENNETT v. GORDON

8277N, 306933/09.

99 A.D.3d 539 (2012)

952 N.Y.S.2d 166

2012 NY Slip Op 6855

LAWRENCE BENNETT et al., Respondents-Appellants, v. SYDNEY GORDON et al., Appellants-Respondents.

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

October 11, 2012.

Plaintiffs' argument that defendants' appeal is defective because it relies heavily upon the complaint which was not submitted on the motion and is dehors the record, is unavailing. This Court may take judicial notice of the complaint in the case file (cf. Walker v City of New York, 46 A.D.3d 278, 282 [1st Dept 2007]; see Matter of Magid v Gabel, 25 A.D.2d 649 [1st Dept 1966]).

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