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HERMAN v. HERMAN

No. 137 SSM 16.

30 N.Y.3d 925 (2017)

84 N.E.3d 959

62 N.Y.S.3d 288

2017 NY Slip Op 07161

ROSEMARIE A. HERMAN, et al., Respondents, et al., Plaintiffs, v. JULIAN MAURICE HERMAN et al., Appellants, et al., Defendants. (And a Third-Party Action.)

Court of Appeals of New York.

Decided October 12, 2017.

Attorney(s) appearing for the Case

Baker & Hostetler LLP, New York City ( John Siegal and Erica Barrow of counsel), for appellants.

Jaspan Schlesinger LLP, Garden City ( Natasha Shishov and Steven R. Schlesinger of counsel), and Law Offices of Craig Avedisian P.C., New York City ( Craig Avedisian of counsel), for respondents.

Concur: Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA and WILSON. Taking no part: Judge FEINMAN.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. Supreme Court did not abuse its discretion in precluding defendant Julian Maurice Herman from participating in the inquest to assess damages against him. Moreover, the denial of that defendant's cross motion...

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