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McMAHAN v. BELOWICH

2017-01570. Index No. 65377/16.

164 A.D.3d 1443 (2018)

84 N.Y.S.3d 220

2018 NY Slip Op 06238

Elena McMahan, Appellant, v. Brian Belowich et al., Respondents.

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

Decided September 26, 2018.

Ordered that the order is affirmed insofar as appealed from, with costs.

The relevant background facts are set forth in our decision on a related appeal, in an underlying action brought by David Bruce McMahan (hereinafter the decedent) against the appellant (see Perry v McMahan, 164 A.D.3d 1486 [2018] [decided herewith]). While the underlying action was pending, the appellant commenced this action against the decedent and...

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