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TURNER v. OWENS FUNERAL HOME, INC.

2019-03215, 2019-11698. Index No. 606377/16.

189 A.D.3d 914 (2020)

134 N.Y.S.3d 466

2020 NY Slip Op 07238

Shatima Turner et al., Respondents, v. Owens Funeral Home, Inc., et al., Appellants, et al., Defendants. (And a Third-Party Action.).

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

McCarthy & Associates, Melville, NY ( Michael D. Kern of counsel), for appellants.

C. Robinson & Associates, LLC, New York, NY ( W. Charles Robinson of counsel), for respondents.

Scheinkman, P.J., Maltese, LaSalle and Christopher, JJ., concur.

Ordered that the appeal from the order entered January 11, 2019, is dismissed, as that order was superseded by the order entered October 9, 2019; and it is further,

Ordered that the order entered October 9, 2019, is reversed insofar as appealed from, on the law, the determination in the order entered January 11, 2019, denying that branch of the motion of the defendants Owens Funeral Home, Inc., Isaiah Owens, and Andrew Cleckley which was to dismiss the complaint insofar...

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