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JENNINGS-PURNELL v. JENNINGS

10381, 10382, 10381A, 10381B, 110344/06.

107 A.D.3d 513 (2013)

968 N.Y.S.2d 27

2013 NY Slip Op 4446

ANN JENNINGS-PURNELL, M.D., Appellant, v. ERIC C. JENNINGS et al., Defendants, and RICHARD W. DONNER, Respondent. (And a Third-Party Action.)

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

Decided June 13, 2013.

Plaintiff's amended complaint, as supplemented by her affidavit in opposition to the motion to dismiss, stated a claim against defendant for notarial misconduct. Accordingly, the court should have denied the motion to dismiss the amended complaint (see Embee Advice Establishment v Holtzmann, Wise & Shepard, 191 A.D.2d 194 [1st Dept 1993]).

In light of the foregoing determination, the appeal from the order denying plaintiff...

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