FRICKEN v. SCHAEFER

2012-06828, 2012-08396, Index No. 28487/11.

118 A.D.3d 869 (2014)

988 N.Y.S.2d 254

2014 NY Slip Op 4479

KATHLEEN VON FRICKEN, as Administratrix of MARGARET E. SCHAEFER, Deceased, Respondent, v. LAURA SCHAEFER, Appellant.

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

Decided June 18, 2014.


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the plaintiff's motion for summary judgment in lieu of complaint is denied, the order is modified accordingly, and the motion and answering papers are deemed to be the complaint and answer, respectively; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The appeal from the order dated May 29, 2012,...

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