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LERWICK v. KELSEY

29 A.D.3d 1210 (2006)

813 N.Y.S.2d 921

OSCAR C. LERWICK, JR., Appellant, v. RALPH E. KELSEY, Respondent.

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

May 18, 2006.

Peters, J.

This action is one of three actions pending before this Court (Lerwick v Krna, 29 A.D.3d 1206 [2006] [decided herewith]; Lerwick v Smith, 29 A.D.3d 1209 [2006] [decided herewith]), and this is the second time that plaintiff has sought our review on issues arising from the same set of facts concerning defendant, Steven Krna and Ruth Smith (Lerwick v Kelsey,

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