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McGAHEY v. TOPPING

255 A.D.2d 562 (1998)

682 N.Y.S.2d 223

J. Michael P. McGahey et al., Respondents, v. Ivan C. Topping, as Executor of Fred C. Topping, Deceased, et al., Defendants, and Lisa Broder et al., Appellants

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

November 30, 1998

Ordered that the order is modified by (1) deleting the provision thereof denying that branch of the defendants' motion which was to dismiss the complaint insofar as asserted against the defendants Lisa Broder, Mitchell Broder, C.P.A., and Smith Barney Prototype Profit Sharing Plan, and substituting therefor a provision granting that branch of the motion, and (2) deleting the provision thereof denying that branch of the defendants' motion which was to dismiss the third cause...

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