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WIGAND v. MURPHY, JR.

271 A.D.2d 896 (2000)

706 N.Y.S.2d 765

ROBERT WIGAND et al., Appellants, v. JAMES A. MURPHY, JR., Defendant, and JAMES A. MURPHY, III, Respondent.

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

Decided April 27, 2000.

Mugglin, J.

The essential facts underlying this lawsuit are set forth in our prior decision (263 A.D.2d 724). This appeal arises from Supreme Court's decision granting the motion of defendant James A. Murphy, III made pursuant to CPLR 3211 (a) (1), (3) and (5) dismissing the complaint. Although the notice of appeal, filed in April 1999, indicates that both plaintiffs were appealing, plaintiffs' brief makes clear that plaintiff Burton...

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