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DEEB v. JOHNSON

145 Misc.2d 942 (1989)

Ellen A. Deeb et al., as Coexecutors of Theodore V. Deeb, Deceased, Plaintiffs, v. Robert W. Johnson, III, Defendant.

Supreme Court, Rensselaer County.

December 4, 1989

Attorney(s) appearing for the Case

Roche, Corrigan, McCoy & Bush for defendant. Forsyth, Howe, O'Dwyer & Kalb, P. C., for plaintiffs.

F. WARREN TRAVERS, J.

The defendant Robert W. Johnson, III, has moved to dismiss the complaint of the plaintiffs Ellen Ann Deeb, S.K. Deeb and Donna Marie Deeb as coexecutors of the estate of Theodore V. Deeb, pursuant to CPLR 3211 (a) (7), on the grounds that the complaint fails to state a cause of action.

The facts are not seriously disputed. The defendant attorney drafted a will intending to implement a marital deduction provision. This particular...

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