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SCHWIMMER v. WELZ

56 A.D.3d 541 (2008)

MENDEL SCHWIMMER, Appellant, et al., Plaintiffs, v. ARON WELZ, Also Known as ROBERT WELZ, et al., Respondents.

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

November 12, 2008.

Ordered that the order dated September 15, 2006 is reversed insofar as appealed from, on the law, those branches of the defendants' cross motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (2) and for failure to join necessary parties are denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPLR 1001 in accordance herewith; and it is further,

Ordered that the appeal from so much of the order dated...

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