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FLETCHER v. ELLIMAN

1 A.D.3d 293 (2003)

768 N.Y.S.2d 197

PAMELA FLETCHER, Appellant, v. INSIGNIA/ DOUGLAS ELLIMAN et al., Defendants, and FLORENCE ROLFE, Respondent.

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

November 25, 2003.

Plaintiff seeks damages for alleged misappropriation of property from her mother's estate by defendant Rolfe under such theories as fraud and undue influence, or outright conversion. She also seeks damages for Rolfe's alleged infliction of emotional distress by poisoning plaintiff against her family, thus exacerbating her mental disease.

We agree with the IAS court that plaintiff's property claims are precluded by prior proceedings...

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