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MERRIWETHER v. OSBORNE

2009-02920.

66 A.D.3d 851 (2009)

886 N.Y.S.2d 606

2009 NY Slip Op 7602

KEENAN MERRIWETHER, Respondent, v. NAUBON D. OSBORNE et al., Appellants.

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

Decided October 20, 2009.

Ordered that on the Court's own motion the defendants' notices of appeal from the order dated February 26, 2009 are treated as applications for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order dated February 26, 2009, is reversed, on the law, and the order dated May 22, 2007, and the judgment are reinstated; and it is further,

Ordered that one bill of costs is awarded to the defendants.<...

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