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MATTER OF LEE

2011-03406.

96 A.D.3d 941 (2012)

946 N.Y.S.2d 621

2012 NY Slip Op 5000

In the Matter of DOROTHY SARA-LOUISE LEE, Deceased. SHIRLEY M. KINARD et al., Appellants; LOIS ROSENBLATT, Respondent.

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

June 20, 2012.

Ordered that the order is reversed, on the law, with costs, and Lois Rosenblatt's motion to dismiss the amended complaint is denied.

According to the amended complaint, the subject residential premises was inherited in 1989 by the decedent, who was the cousin of Shirley M. Kinard and Alisa Dawn Johnson (hereinafter the plaintiffs). The decedent then abandoned the property. Johnson took possession of the premises in 1993, and her mother, Kinard, joined her in possession...

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