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HULSE v. WIRTH

2018-04115, Index No. 602916/17.

175 A.D.3d 1276 (2019)

108 N.Y.S.3d 148

2019 NY Slip Op 06483

Linda Hulse et al., Appellants, v. Cheri Wirth et al., Respondents, et al., Defendants.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

Donald Leo & Associates, P.C., Islandia, NY ( Donald W. Leo, Jr. , and John F. Clennan of counsel), for appellants.

Charles F. Harms, Jr. , Garden City, NY ( Michael Leyden of counsel), for respondents.

Leventhal, J.P., LaSalle, Barros and Brathwaite Nelson, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion of the defendants Cheri Wirth and Steven Wirth pursuant to CPLR 3211 (a) (8) to dismiss the original complaint insofar as asserted against them for lack of personal jurisdiction, and substituting therefor a provision denying the motion; as so modified, the order is affirmed, without costs or disbursements.

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