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IN THE MATTER OF MERRILL LYNCH & CO., INC. v. WALROD

16 A.D.3d 1103 (2005)

791 N.Y.S.2d 247

In the Matter of MERRILL LYNCH & CO., INC., Respondent, v. WILLIAM A. WALROD, Individually and as Trustee of WILLIAM A. WALROD REVOCABLE TRUST, et al., Appellants.

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

March 18, 2005.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously reversed on the law with costs and the petition is dismissed.

Memorandum:

This CPLR article 75 proceeding arises out of a civil action commenced by respondents against, inter alia, Merrill Lynch & Co., Inc. (Merrill Lynch) and Merrill Lynch, Pierce, Fenner & Smith Incorporated (MLPFS). That action was commenced in February 2003 and, in May 2003,...

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