NELSON v. KALATHARA


48 A.D.3d 528 (2008)

853 N.Y.S.2d 89

FRED W. NELSON, Respondent, v. STANLEY KALATHARA, Defendant, and CLAUDE SIMPSON, Appellant.

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

Decided February 13, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Claude Simpson which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against him is granted.

By order of the Supreme Court, Westchester County (Rosato, J.), entered January 13, 2004, the plaintiff, Fred W. Nelson was appointed successor guardian of the person and property of Bernadine Bell, an alleged incapacitated...

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