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SCOTTI v. BARRETT

2017-07736, 2017-09043. Index No. 601679/14.

166 A.D.3d 698 (2018)

88 N.Y.S.3d 44

2018 NY Slip Op 07477

Philip Scotti, as Executor of the Estate of Ann Barrett, Deceased, Appellant, v. Rick Barrett, Respondent, et al., Defendants.

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

Decided November 7, 2018.

Ordered that the appeal from the judgment is dismissed, as the judgment was superseded by the amended judgment and, in any event, the appeal has been rendered academic in light of our determination on the appeal from the amended judgment; and it is further,

Ordered that the amended judgment is reversed insofar as appealed from, on the law, the judgment is vacated, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a second amended judgment...

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