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CARLSTRAND v. KERWIN

204 A.D.2d 1080 (1994)

614 N.Y.S.2d 344

Anna Carlstrand, Individually and as Administratrix of The Estate of Carrie Carlstrand, Deceased, et al., Appellants-Respondents, v. Kenneth J. Kerwin et al., Respondents-Appellants

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

May 27, 1994

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court did not abuse its discretion in granting plaintiffs' motion to renew and, upon renewal, considering the affidavits submitted by plaintiffs (see, Saferstein v Stark, 171 A.D.2d 856; Weisse v Kamhi, 129 A.D.2d 698). Because a fact issue existed, however...

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