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LERWICK v. KELSEY

24 A.D.3d 931 (2005)

807 N.Y.S.2d 147

OSCAR C. LERWICK, JR., Appellant, v. RALPH E. KELSEY et al., Respondents, et al., Defendant.

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

December 8, 2005.

PETERS, J.

This action is one of three actions pending before this Court (Lerwick v. Kelsey, 24 A.D.3d 18 [2005] [decided herewith]; Lerwick v. Kelsey, 24 A.D.3d 920 [2005] [decided herewith]). The facts underlying this matter are more fully set forth in one of those companion cases (Lerwick v. Kelsey, supra [97673]). This third action based upon the same facts, alleges a prima facie tort. Plaintiff asserts...

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