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IN THE MATTER OF BERNSTEIN v. FEINER

13 A.D.3d 519 (2004)

787 N.Y.S.2d 357

In the Matter of ROBERT B. BERNSTEIN, Appellant, v. PAUL J. FEINER et al., Respondents.

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

December 20, 2004.

Ordered that the order and judgment is modified, on the law, by deleting the provision thereof granting those branches of the motion which were to dismiss the first, third, and fourth causes of action and substituting therefore a provision denying those branches of the motion; as so modified, the order and judgment is affirmed, without costs or disbursements, and the first, third, and fourth causes of action are reinstated and severed...

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