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SCHMIDT v. WIKIERT

2013-11438

123 A.D.3d 900 (2014)

996 N.Y.S.2d 919

2014 NY Slip Op 08822

MICHAEL SCHMIDT, Respondent, v. ZBIGNIEW WIKIERT et al., Defendants, and LOIS M. ROSENBLATT, as Public Administrator of the Estate of LEON KRZEWINA, Deceased, Appellant.

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

Decided December 17, 2014.

Ordered that the order is affirmed insofar as appealed from, with costs.

Upon reargument, the Supreme Court properly adhered to its original determination denying the motion of the defendant Lois M. Rosenblatt, as Public Administrator for the estate of Leon Krzewina (hereinafter the appellant), for summary judgment dismissing the complaint insofar as asserted against her. The appellant failed to establish her prima facie...

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