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TIRALONGO v. CITY OF NEW YORK

41 A.D.3d 700 (2007)

840 N.Y.S.2d 361

GIOVANNA TIRALONGO et al., Respondents, v. CITY OF NEW YORK, Respondent, and MORRIS BENUN et al., Appellants.

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

Decided June 19, 2007.

Ordered that the appeals purportedly taken by the defendants Sarah Morris Benun and Morris Benun are dismissed on the ground that the order is a nullity as against those defendants as they died before the order appealed from was made, the portion of the order which denied that branch of the motion purportedly made by the deceased defendants is vacated, and the complaint and all cross claims insofar as asserted against them is dismissed; and it is further,

Ordered...

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