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SHELLBERRY v. ALBRIGHT

281 A.D.2d 892 (2001)

722 N.Y.S.2d 197

LOUISE A. SHELLBERRY, Appellant-Respondent, v. MARY C. ALBRIGHT, Individually and as Executrix of ROBERT A. ALBRIGHT, Deceased, Defendant and EDWIN J. SHOEMAKER, Respondent-Appellant.

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

Decided March 21, 2001.

Order unanimously reversed on the law without costs, motion granted, complaint against defendant Edwin J. Shoemaker dismissed and cross motion denied.

Memorandum:

Plaintiff commenced this action to recover funds that she alleged were improperly channeled through the attorney trust account of defendant Edwin J. Shoemaker. In December 1996 plaintiff first asserted causes of action against Shoemaker and defendant Mary C. Albright, individually and as executrix...

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