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ERDELY v. ESTATE OF AIRDAY

535119.

215 A.D.3d 1032 (2023)

186 N.Y.S.3d 726

2023 NY Slip Op 01827

Robert Erdely, as Personal Representative of the Estate of Aranka Erdely Rosenthal, Respondent, v. Estate of George Airday et al., Appellants, et al., Defendants.

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

Decided April 6, 2023.

Attorney(s) appearing for the Case

Law Office of Nathaniel B. Smith, New York City (Nathaniel B. Smith of counsel), for appellants.

Alonso, Andalkar & Facher, PC, New York City (Mark J. Alonso of counsel), for respondent.

Garry, P.J., Lynch, Clark and Reynolds Fitzgerald, JJ., concur.

Appeal from an order of the Supreme Court (Richard Mott, J.), entered March 7, 2022, in Ulster County, which denied certain defendants' motion to dismiss the complaint.

In December 2004, George Airday (hereinafter Airday), a resident of New York, and plaintiff—Airday's brother—were given a joint power of attorney...

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