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MILLER v. MOORE

514212.

101 A.D.3d 1510 (2012)

957 N.Y.S.2d 484

2012 NY Slip Op 9115

MILDRED C. MILLER, Individually and as Personal Representative of the Estate of CARL W. MILLER, Deceased, Appellant, v. MICHAEL C. MOORE et al., Respondents.

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

December 27, 2012.

Rose, J.P.

The underlying facts are more fully set forth in our prior decision in this action (Miller v Moore, 68 A.D.3d 1325 [2009]). Briefly, plaintiff and Carl W. Miller entered into a listing agreement with defendant Warren Real Estate of Ithaca, Inc., through its agent, defendant Michael C. Moore, to sell their lakefront property. At the request of plaintiff and Miller, Moore hired and supervised a crew to clear the...

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