KILLIAN v. HEIMAN

536 CA 12-02077.

105 A.D.3d 1459 (2013)

963 N.Y.S.2d 918

2013 NY Slip Op 2980

ALBERT KILLIAN et al., Respondents, v. KEVIN HEIMAN, Appellant.

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

Decided April 26, 2013.


Appeal from an order of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered August 17, 2011. The order, insofar as appealed from, denied the motion of defendant to dismiss the amended complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Defendant appeals from an order that, inter alia, denied his motion to dismiss the amended complaint with prejudice on the ground that one of the plaintiffs...

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