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ESTATE OF MARIE MERNA v. SIMURO

50 A.D.3d 843 (2008)

855 N.Y.S.2d 272

ESTATE OF MARIE MERNA, Deceased, Respondent, v. VALERIE T. SIMURO, Defendant, and JPMORGAN CHASE BANK, N.A., Appellant.

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

Decided April 15, 2008.

Ordered that the appeal from the order dated April 5, 2007 is dismissed, as that order was superseded by the order entered June 20, 2007, made upon reargument; and it is further,

Ordered that the order entered June 20, 2007 is affirmed insofar as appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

The appellant contends that the Supreme Court should have dismissed so much of the complaint as sought to recover...

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