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SALUS v. BERKE

536182.

221 A.D.3d 1390 (2023)

201 N.Y.S.3d 711

2023 NY Slip Op 06183

Gregory J. Salus et al., Respondents, v. Jason Berke et al., Appellants.

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

Decided November 30, 2023.

Attorney(s) appearing for the Case

Holihan & Associates, PC, Richmond Hill ( Stephen Holihan of counsel), for appellants.

Oliver Law Office, Albany ( Lewis B. Oliver Jr. of counsel), for respondents.

Lynch, J.P., Aarons, McShan and Mackey, JJ., concur.

Appeal from that part of an order of the Supreme Court (Richard J. McNally Jr., J.), entered August 10, 2022, in Rensselaer County, which denied defendants' motion to dismiss the first and fifth causes of action.

Plaintiff Gregory J. Salus is the beneficiary of the residuary clause of the will of his mother (hereinafter decedent...

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