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KAPLAN v. U.S. COAL CORP.

11202-112252/10, 11203

115 A.D.3d 517 (2014)

981 N.Y.S.2d 917

2014 NY Slip Op 1681

LAWRENCE KAPLAN, Appellant, v. U.S. COAL CORPORATION, Respondent. EAST COAST MINER, Proposed Defendant-Intervenor.

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

Decided March 18, 2014.

Order, Supreme Court, New York County (Debra A. James, J.), entered January 25, 2012, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion for summary judgment in lieu of complaint pursuant to CPLR 3213, and granted defendant's cross motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously modified, on the law, to deny the cross motion and grant plaintiff leave to replead as a plenary action, and otherwise affirmed...

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