BEHRLE v. BEHRLE

2015-08496. Index No. 1426/14.

150 A.D.3d 656 (2017)

2017 NY Slip Op 03470

53 N.Y.S.3d 697

ANN BEHRLE, Plaintiff, v. KEITH BEHRLE et al., as Coexecutors of FRED BEHRLE, Deceased, Defendants/Third-Party Plaintiffs-Respondents. JAMES NOBLE, Third-Party Defendant-Appellant.

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

Decided May 3, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the third-party defendant's motion which was for summary judgment dismissing the third-party complaint is granted.

The plaintiff commenced this action against her husband, Fred Behrle (hereinafter Fred), for a divorce and ancillary relief. Fred commenced a third-party action against the third-party defendant, James Noble, the plaintiff's son from a prior marriage...

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