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LIZARZABURO v. SCHMERGEL

2013-11276, 2013-11277, 2013-11454, Index No. 15534/10.

135 A.D.3d 833 (2016)

23 N.Y.S.3d 341

2016 NY Slip Op 00343

HUMBERTO LIZARZABURO et al., as Administrators of the Estate of ALEJANDRO PEDRO LIZARZABURO PANDURO, Deceased, Appellants, v. PAUL SCHMERGEL et al., Defendants, and PATRICIA SCHMERGEL, et al., Respondents.

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

Decided January 20, 2016.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgments are affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 N.Y.2d 241, 248...

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