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BAUGHER v. CULLEN AND DYKMAN, LLP

2016-12393, 2016-12396, 2017-04822, Index No. 603171/16.

173 A.D.3d 959 (2019)

103 N.Y.S.3d 136

2019 NY Slip Op 04904

Jonathon Kirk Baugher, as Preliminary Executor of the Estate of Phebe Baugher, Deceased, Appellant, v. Cullen and Dykman, LLP, Respondent.

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

Decided June 19, 2019.

Ordered that the appeals from the orders entered November 10, 2016, and April 3, 2017, respectively, are dismissed; and it is further,

Ordered that the judgment is reversed, on the law, that branch of the defendant's motion which was pursuant to CPLR 3211(a)(7) to dismiss the complaint for failure to state a cause of action is denied, the complaint is reinstated, and the order entered November 10, 2016, is modified accordingly; and it is further,

Ordered that...

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