LEWIS v. KITTAY


306 A.D.2d 386 (2003)

760 N.Y.S.2d 869

CATHERINE LEWIS, Respondent-Appellant, and JACOB LEWIS, JR., et al., Respondents, v. MURIEL KITTAY et al., Appellants-Respondents, and JACQUES L. THORNTON, Respondent.

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

Decided June 16, 2003.


Ordered that the cross appeal is dismissed as abandoned (see 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the defendants Muriel Kittay and Michael John Delape, and the action against the remaining defendant is severed; and it is further,

Ordered that one bill of costs is awarded...

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