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KRAUSE v. LOBACZ

2014-04546, Index Nos. 17174/06, 22871/07.

131 A.D.3d 1128 (2015)

16 N.Y.S.3d 601

2015 NY Slip Op 06892

PAUL KRAUSE et al., Plaintiffs, v. FRANK M. LOBACZ, Defendant. (Action No. 1.) FRANK M. LOBACZ et al., Appellants, v. PAUL KRAUSE et al., Respondents. (Action No. 2.)

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

Decided September 23, 2015.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the motion of the defendants in action No. 2 to dismiss the complaint in that action is denied.

In August 2007, the plaintiffs in action No. 2 commenced that action against the defendants Paul Krause, Paul Krause, Jr., Brett Krause, and Kevin Krause (hereinafter collectively the Krause defendants), to recover damages for intentional infliction of emotional distress...

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