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SCHWARZ v. MARGIE

62 A.D.3d 780 (2009)

878 N.Y.S.2d 459

MARY ANN SCHWARZ, Respondent, v. THOMAS MARGIE, Appellant, and PETER MARGIE et al., Respondents.

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

Decided May 12, 2009.

Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal from the order, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, and the appellant's motion pursuant to CPLR 308 and CPLR 3211 (a) (8), in effect, to dismiss the complaint and any and all cross claims insofar as asserted against him is granted; and it is further,

Ordered that...

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