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CAMMARATA v. CAMMARATA

61 A.D.3d 912 (2009)

878 N.Y.S.2d 163

JAMES CAMMARATA, Respondent, v. JANE CAMMARATA et al., Appellants.

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

Decided April 28, 2009.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to dismiss the seventh cause of action and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiff alleges in the seventh cause of action of the complaint that the defendant...

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