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MERRITT v. MERRITT

47 A.D.3d 689 (2008)

849 N.Y.S.2d 888

LOIS MERRITT, Appellant, v. TRAVIS MERRITT et al., Defendants, and BERKSHIRE FINANCIAL GROUP, INC., et al., Respondents.

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

Decided January 15, 2008.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court correctly granted the separate motions of Berkshire Financial Group, Inc. (hereinafter Berkshire), and IndyMac Bank, F.S.B. (hereinafter IndyMac), pursuant to CPLR 3211 (a) (7) to dismiss the amended complaint insofar as asserted against each of them. The first cause of action for declaratory relief insofar as asserted against Berkshire and IndyMac failed to allege any facts that...

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