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MORRIS v. SOLOW MANAGEMENT CORPORATION

8 A.D.3d 126 (2004)

779 N.Y.S.2d 29

DIANE MORRIS, as Personal Representative of the Estate of BRIAN MORRIS, Deceased, Respondent, v. SOLOW MANAGEMENT CORPORATION et al., Appellants, et al., Defendants.

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

June 17, 2004.

Inasmuch as the basis for defendants' assertion that plaintiff was never duly appointed as the personal representative of the decedent's estate was known to defendants at the time they brought their cross motion, the assertion was not properly raised for the first time in defendants' reply papers, and was entitled to no consideration (see Ritt v Lenox Hill Hosp., 182 A.D.2d 560, 562 [1992...

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