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  5. 194 A.D.2d 374 (1993)
 

SHEA & GOULD v. MILLER

194 A.D.2d 374 (1993)

598 N.Y.S.2d 263

Shea & Gould, Appellant, v. Duncan Miller, Respondent

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

June 8, 1993

The order dismissed the complaint without prejudice to plaintiff's right to replead against the estate, of which defendant served as coexecutor. The order further directed that any such action should be brought in the Surrogate's Court pursuant to SCPA 2110.

It was alleged in the complaint that defendant had agreed to pay plaintiff's fees and disbursements and that he had failed to do so. On a motion addressed to the facial...

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