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SUEDE v. SUEDE

2013-01995, 2013-08961, Index No. 28183/09.

124 A.D.3d 869 (2015)

SAMUEL SUEDE, Appellant, v. IRVING SUEDE, Defendant/ Third-Party Plaintiff/Second Third-Party Plaintiff-Respondent, IRVING I SUEDE REVOCABLE LIVING TRUST, Respondent, and IMS REALTY CORPORATION, Defendant/Third-Party Plaintiff-Respondent. PALONE BROTHERS, Third-Party Defendant-Respondent; NATALIE SUEDE, Second Third-Party Defendant-Respondent.

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

Decided January 28, 2015.

Ordered that the judgments are reversed, on the law and in the exercise of discretion, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the plaintiff's motion to vacate the order dated July 13, 2012, is granted, the order dated October 12, 2012, is modified accordingly, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a new determination of the defendants' motion pursuant to CPLR...

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