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ACEVEDO v. CYPRESS HILLS CEMETERY

258 A.D.2d 546 (1999)

685 N.Y.S.2d 290

WILLIAM ACEVEDO et al., Appellants, v. CYPRESS HILLS CEMETERY et al., Defendants, and SCOTT JAFFEE, Respondent.

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

Decided February 16, 1999.

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

The Supreme Court properly granted the motion of the defendant Scott Jaffee to dismiss the complaint insofar as asserted against him individually and as temporary receiver of Cypress Hills Cemetery. There is no evidence in the record showing that he was negligent or derelict in carrying out his duties as set forth in the order and amended order appointing him temporary receiver (see, Bankers...

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