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BARNETT v. SMITH

64 A.D.3d 669 (2009)

883 N.Y.S.2d 573

BARBARA BARNETT, Respondent, v. KATHLEEN SMITH et al, Appellants.

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

Decided July 21, 2009.

Ordered that on the Court's own motion, the notice of appeal dated September 5, 2008 is deemed to be a notice of appeal by the defendant Steven Leventhal (see CPLR 2001; Matter of Tagliaferri v Weiler, 1 N.Y.3d 605 [2004]); and it is further,

Ordered that the order dated August 7, 2008 is reversed, on the law, with one bill of costs payable to the defendants Kathleen Smith...

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