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GRILLO v. TESE

113 A.D.2d 871 (1985)

James Grillo et al., Respondents-Appellants, v. Joseph Tese, Defendant. Croce Tese, Also Known as Grace Tese, et al., as the Heirs and Distributees of Joseph Tese, Deceased, Nonparty Respondents. (Action No. 1.) James P. Grillo et al., Respondents-Appellants, v. Croce Tese, Also Known as Grace Tese, et al., as the Heirs and Sole Distributees of Joseph Tese, Deceased, Respondents, and Oreste E. Russo, Appellant-Respondent. (Action No. 2.)

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

September 23, 1985

Second and fourth branches of the cross appeal, as set forth above, dismissed. The seventh and ninth decretal paragraphs of the order appealed from are vacated as void. Order affirmed, insofar as otherwise appealed from, with one bill of costs to plaintiffs, payable by defendant Russo, and matter remitted to the Supreme Court, Kings County, with the direction to order the substitution of the personal representative of the estate...

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