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KAUFMAN v. KEHLER

25 A.D.3d 765 (2006)

808 N.Y.S.2d 764

MELVYN KAUFMAN et al., Respondents, v. ELIZABETH KEHLER et al., Appellants, et al., Defendant.

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

January 31, 2006.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs to the appellants, that branch of the motion which was for summary judgment dismissing the second cause of action is granted, and upon searching the record, summary judgment dismissing the first cause of action is awarded to the appellants, and the complaint is dismissed.

The Supreme Court should have granted that branch of the...

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