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ZELD ASSOCIATES, INC. v. MARCARIO

57 A.D.3d 660 (2008)

868 N.Y.S.2d 317

ZELD ASSOCIATES, INC., Appellant, v. JOSEPH P. MARCARIO, Defendant, and MARIEN R. MARCARIO et al., Respondents.

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

December 9, 2008.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the plaintiff's contention, the Supreme Court properly granted that branch of the motion of the defendants Marien R. Marcario, Allen T. Swezey, and Julee E. Amsler (hereinafter collectively the defendants) which was pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against them. A motion to dismiss a complaint pursuant to CPLR 3211 (a) (1) may be granted only where...

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