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PHELPS v. PHELPS

1437/14 CA 14-01056

128 A.D.3d 1545 (2015)

9 N.Y.S.3d 519

2015 NY Slip Op 04024

GEORGE R. PHELPS, Plaintiff, v. LISA B. PHELPS, Defendant. LISA B. PHELPS, Third-Party Plaintiff-Respondent, v. STANFORD N. PHELPS et al., Third-Party Defendants-Appellants. (Action No. 1.) ELIZABETH R. PHELPS, Appellant, v. GEORGE R. PHELPS et al., Appellants, and LISA B. PHELPS, Respondent, et al., Defendant. (Action No. 2.) S.N.P. ASSOCIATES RETIREMENT PLAN, INC., Appellant, v. GEORGE R. PHELPS et al., Appellants, and LISA B. PHELPS, Respondent, et al., Defendant. (Action No. 3.)

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

Decided May 8, 2015.

Appeals from a judgment (denominated order) of the Supreme Court, Monroe County (Richard A. Dollinger, A.J.), entered January 14, 2014. The judgment, among other things, granted the motion of Lisa B. Phelps for summary judgment.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying that part of the motion of third-party plaintiff-defendant Lisa B. Phelps seeking a declaration in action No. 1 that a mortgage instrument...

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