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LIVSHITS v. RAGINSKIY

289 A.D.2d 458 (2001)

735 N.Y.S.2d 579

OLEG LIVSHITS et al., Respondents, v. OLEG RAGINSKIY, Defendant, and CATHERINE S. BARRY, Appellant.

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

Decided December 24, 2001.

Ordered that the purported appeal is dismissed, without costs or disbursements, the order dated June 21, 2000, is vacated, the action insofar as asserted against the defendant Catherine S. Barry is dismissed, and the action against the remaining defendant is severed.

When this action was commenced in 1998, the defendant Catherine S. Barry was deceased. In 2000 Barry purportedly moved to dismiss the complaint insofar as asserted against her based on lack of personal...

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