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RAIK v. CLINDENT DEVELOPERS, L. L. C.

282 A.D.2d 513 (2001)

722 N.Y.S.2d 893

NORMAN RAIK, Appellant, v. CLINDENT DEVELOPERS, L. L. C., et al., Respondents, et al., Defendants. (Action No. 1.) NORMAN RAIK, Appellant, v. MINDY RAIK, Respondent. (Action No. 2.)

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

Decided April 9, 2001.

Ordered that the order is modified, as a matter of discretion, by deleting therefrom the provision dismissing the complaint in Action No. 1, and substituting therefor a provision dismissing the complaint in Action No. 1 as to the respondents, without prejudice to recommencement of Action No. 1 following the final determination of issues of equitable distribution in Action No. 2; as so modified, the order is affirmed insofar as appealed from, with costs to the respondents...

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