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GARAFALO v. MAYOKA

2015-07920. Index No. 29370/13.

151 A.D.3d 1018 (2017)

57 N.Y.S.3d 211

2017 NY Slip Op 05201

LOUIS GARAFALO, as Executor of ANDREW JOSEPH GARAFALO, Deceased, Appellant, v. SEAN PHILIPS MAYOKA et al., Respondents.

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

Decided June 28, 2017.

Ordered that the order is reversed, on the law, with one bill of costs payable by the defendants appearing separately and filing separate briefs, and the plaintiff's motion to vacate the stipulation of discontinuance is granted.

The plaintiff, represented by attorney Edwin T. Mulhern, commenced this wrongful death action as the executor of the estate of his son. By letter dated October 1, 2014, Mulhern advised the attorneys...

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