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ALEXANDER v. SCOTT, JR.

286 A.D.2d 692 (2001)

730 N.Y.S.2d 254

JOHN ALEXANDER et al., Respondents, v. JAMES M. SCOTT, JR., et al., Appellants.

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

Decided September 17, 2001.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the motion which were to dismiss the first, second, fourth, fifth, and eighth causes of action are granted, and those causes of action are dismissed.

Regardless of whether it was appropriate for the Supreme Court to have converted the defendants' motion pursuant to CPLR 3211 (c) into a motion for summary judgment, the...

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