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SMITH V MERRILL LYNCH & CO., INC.

Index No. 9299/04, Motion Seq. No. 3., 4, 5, 6

2008 NY Slip Op 33251 (U)

NOEL SMITH, Plaintiff, v. MERRILL LYNCH & CO., INC., and FITZGERALD & FITZGERALD, P.C., and, JOHN E. FITZGERALD, Defendants. FITZGERALD & FITZGERALD, P.C., and JOHN E. FITZGERALD, Third-Party Plaintiffs, v. THE LOCATOR SERVICES GROUP, KTD., KIM SAWYER, JAMES SAWYER, SAWYER, HALPERN & DEMETRI f/k/a SAWYER, DAVIS & HALPERN and the COUNTY OF NASSAU, Third-Party Defendants.

Supreme Court of the State of New York, Nassau County.

November 21, 2008

DECISION AND ORDER

MICHELE M. WOODARD, Justice

In motion sequence number three, Merrill Lynch and Co. (hereinafter referred to as Merrill) move for an order pursuant to CPLR §3212 for Summary Judgment dismissing the Plaintiffs Complaint and any cross-claims against them and to renew this Court's March 3, 2008 order.

In motion sequence number four, the attorneys for third-party Defendants James Sawyer, Halpern & Dimitri f/k/a Sawyer, Davis...

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