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KIRSHTEIN v. AMERICU CREDIT

CA 10-01686

83 A.D.3d 162 (2011)

919 N.Y.S.2d 434

MURRAY J.S. KIRSHTEIN, as Guardian and as Administrator of the Estate of GEORGE J. TAPPER, Deceased, Plaintiff, v. AMERICU CREDIT UNION (Formerly UP STATE FEDERAL CREDIT UNION) et al., Defendants. (And a Third-Party Action.) (Action No. 1.) MURRAY J.S. KIRSHTEIN, as Administrator of the Estate of GEORGE J. TAPPER, Deceased, Respondent, v. TOYS-"R"-US, INC., Appellant, et al., Defendants. (And a Third-Party Action.) (Action No. 2.) (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 25, 2011.

Attorney(s) appearing for the Case

Nasto Law Firm, Yorkville ( John A. Nasto, Jr. , of counsel), for defendant-appellant.

Rossi and Murnane, New York Mills ( Vincent J. Rossi, Jr. , of counsel), for plaintiff-respondent.

PERADOTTO, LINDLEY, SCONIERS and MARTOCHE, JJ., concur.

OPINION OF THE COURT

CENTRA, J.P.

Same opinion by CENTRA, J.P., as in Kirshtein v AmeriCU Credit Union (83 A.D.3d 153 [2011]).

It is hereby ordered that the judgment so appealed from is unanimously affirmed...

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