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MATTER OF VOGEL

23 Misc.3d 512 (2009)

871 N.Y.S.2d 894

In the Matter of the Estate of HENRY VOGEL, Deceased. CELIA VOGEL et al., Plaintiffs, v. RICHARD D. TUNICK et al., Defendants.

Surrogate's Court, Westchester County.

Decided January 15, 2009.

Attorney(s) appearing for the Case

Flemming Zulack Williamson Zauderer LLP, New York City (Dean R. Nicyper of counsel), for Sotheby's and others, defendants.

Golenbock Eiseman Bell & Peskoe, LLP, New York City (Adam C. Silverstein of counsel), for Richard D. Tunick, defendant.

Hughes Hubbard & Reed LLP, New York City (Michael E. Salzman of counsel), for Christie's, Inc., defendant.

Andrew Greene & Associates, White Plains (Daniel Kolko of counsel), for Marjorie Kassner-Vogel, defendant.

Robert J. Kaplan, New York City, and Greenfield Stein & Senior LLP, New York City (Gary Freidman of counsel), for plaintiffs.

OPINION OF THE COURT

ANTHONY A. SCARPINO, JR., J.

In an action for replevin pursuant to CPLR article 71 and other relief, transferred to this court by an order of the Supreme Court, Nassau County (Feinman, J.), dated October 16, 2007, defendants Sotheby's, Sotheby's Holdings, Inc., Sotheby's, Inc., Sotheby Parke Bernet, Inc. and Sotheby's Art Sales Corp. move pursuant to CPLR 3211 to dismiss the complaint insofar as asserted against them.

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