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BERK v. CHUNG KING

0102521/2007, Motion Seq. No. 002.

2008 NY Slip Op 31920 (U)

PEGGY BERK, Plaintiff, v. CHUNG KING, CHING KING, HA YEE TSE NG, HOI KEN LEUNG, SIMON CHEUNG LEUNG, SUK WUN FUNG and CHANG LING OUYANG, Defendants.

Supreme Court of the State of New York, New York County.

June 30, 2008.

MARTIN SHULMAN, Judge.

In this personal injury action, defendants Hoi Ken Leung, Simon Cheung Leung, Suk Wun Fung and Chang Ling Ouyang bring this pre-answer motion to dismiss the Complaint based upon documentary evidence (CPLR 3211[a][1]) and for failure to state a cause of action against them (CPLR 3211[a][7]). For the reasons stated below, the motion is granted and the Complaint is dismissed as against the moving defendants.

Plaintiff Peggy Berk alleges...

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