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BARONE v. PIERCE

51 A.D.2d 872 (1976)

Michael Barone, Respondent, v. Lillian D. Pierce, Defendant, and Edna Y. McCurdy, Appellant. (Appeal No. 2.)

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

February 20, 1976

Order unanimously affirmed, without costs.

Memorandum:

The movant lacks standing to make the application on behalf of the estate of the deceased defendant (Hart v Goadby, 138 App Div 160, 164-165; Bonham v Coe, 249 App Div 428, 431; Kovner v Beer, 70 Misc.2d 739, affd on opn of Lupiano, J., 39 A.D.2d 880), and she may not collaterally attack the judgment. We do...

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