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TESTERMAN v. ZIELINSKI

1553 CA 08-02423

68 A.D.3d 1751 (2009)

2009 NY Slip Op 9849

891 N.Y.S.2d 808

ROBERT C. TESTERMAN, Appellant, v. RACHEL L. ZIELINSKI et al., Defendants, and DANIEL D. BIGELOW, as Executor of TENNY C. BIGELOW, Deceased, and as Administrator C.T.A. of the Estate of DOUGLAS L. BIGELOW, Deceased, Respondent. (Appeal No. 1.).

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

Decided December 30, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the amended complaint and cross claim against defendant Daniel D. Bigelow, as executor of the estate of Tenny C. Bigelow, deceased, and as administrator C.T.A. of the estate of Douglas L. Bigelow, deceased, are reinstated.

Memorandum: Robert C. Testerman, the plaintiff in appeal Nos. 1 and 2, commenced the personal injury action at issue...

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