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SMITH v. BAILEY

462 CA 18-02281.

171 A.D.3d 1511 (2019)

97 N.Y.S.3d 557

2019 NY Slip Op 03207

Jeffrey R. Smith et al., Appellants, v. Marianne D.S. Bailey et al., as Cotrustees of the Smith Living Trust Dated December 8, 1999 (Situs New York), Respondents.

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

Decided April 26, 2019.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs appeal from an order that, inter alia, "denied without prejudice" that part of their motion for summary judgment on their first cause of action. Contrary to plaintiffs' contention, we conclude that Supreme Court properly denied that part of the motion. Defendants, in opposing plaintiffs' motion, established...

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