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COOK v. SCHAPIRO

58 A.D.3d 664 (2009)

871 N.Y.S.2d 714

JENNIFER COOK et al., Respondents, v. ELAINE SCHAPIRO et al., Defendants, and MT. KISCO CHEVROLET CADILLAC, INC., Appellant.

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

January 20, 2009.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the defendant Mt. Kisco Chevrolet Cadillac, Inc., which was pursuant to CPLR 3211 (a) (7) to dismiss the second cause of action for failure to state a cause of action is converted to one for summary judgment (see CPLR 3211 [c]), and that branch of the motion is granted.

A motion pursuant to CPLR 3211 (a) (7) to dismiss for failure to state a cause...

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