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MIKUS v. ROSELL

62 A.D.3d 674 (2009)

878 N.Y.S.2d 203

FERN B. MIKUS et al., Appellants, v. FRANK ROSELL et al., Respondents.

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

Decided May 5, 2009.

Ordered that the appeal from the order dated January 16, 2008 is dismissed; and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the law, the wrongful death cause of action insofar as asserted against the defendant Frank Rosell is reinstated, that branch of the motion of the defendants Frank Rosell and Soad Bekheit-Saad which was for summary judgment dismissing the complaint insofar as asserted against the defendant Frank Rosell is...

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