SAVET v. SCHMIDT


265 A.D.2d 474 (1999)

696 N.Y.S.2d 532

MARK SAVET et al., Appellants, v. PETER G. SCHMIDT et al., Defendants, and RICHARD PELLICANE, as Trustee, Respondent.

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

Decided October 18, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not err in dismissing the fifth and sixth causes of action which were asserted against the defendant Richard Pellicane in his personal capacity, as an earlier ruling of another Justice of the same court, dated June 30, 1997, had previously determined that the court lacked personal jurisdiction over that defendant in his individual capacity.

To the extent that the...

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