RYAN v. PASCALE


58 A.D.3d 711 (2009)

871 N.Y.S.2d 722

EDWARD RYAN et al., Respondents, v. PHILIP PASCALE et al., Appellants, et al., Defendant.

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

January 20, 2009.


Ordered that the order is reversed, on the law, with costs to the appellants, and that branch of the appellants' motion which was to dismiss the complaint insofar as asserted against them pursuant to CPLR 3211 (a) (1) and (7) is granted.

The Supreme Court should have granted that branch of the appellants' motion which was to dismiss the complaint insofar as asserted against them. The causes of action asserted in the complaint were barred by the specific disclaimer...

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