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WALDMAN v. MECHANICAL SYSTEMS, INC.

294 A.D.2d 354 (2002)

741 N.Y.S.2d 711

MARK WALDMAN et al., Respondents, v. MECHANICAL SYSTEMS, INC., et al., Defendants. MURRAY RIESE et al., Purported Nonparty Appellants.

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

Decided May 6, 2002.

Ordered that the appeal is dismissed, with costs.

The record reveals that the purported appellant Irving Riese died in 1990 and that the purported appellant Murray Riese died in 1995. In 1997, the plaintiffs allegedly commenced this action against a presumed partnership designated in the caption as "Reise [sic], Irving and Murray"; neither the estate of Irving Riese nor that of Murray Riese was named as a defendant...

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