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ANN BEHRLE, plf, v. KEITH BEHRLE AND SCOTT BEHRLE, AS COEXECUTORS OF THE ESTATE OF FRED BEHRLE, DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS; JAMES NOBLE, THIRD-PARTY def-ap

ANN BEHRLE, plf, v. KEITH BEHRLE AND SCOTT BEHRLE, AS COEXECUTORS OF THE ESTATE OF FRED BEHRLE, DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS; JAMES NOBLE, THIRD-PARTY def-ap — (INDEX NO. 1426/14)Appeal by the third-party defendant from an order of the Supreme Court, Rockland County (Gerald E. Loehr, J.), dated January 21, 2015. The order, insofar as appealed from, denied the third-party defendant's motion pursuant to CPLR 3211(a) to dismiss the third-party complaint or, in the alternative, for summary judgment dismissing the third-party complaint.

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ANN BEHRLE, plf, v. KEITH BEHRLE AND SCOTT BEHRLE, AS COEXECUTORS OF THE ESTATE OF FRED BEHRLE, DEFENDANTS THIRD-PARTY PLAINTIFFS-RESPONDENTS; JAMES NOBLE, THIRD-PARTY def-ap — (INDEX NO. 1426/14)Appeal by the third-party defendant from an order of the Supreme Court, Rockland County (Gerald E. Loehr, J.), dated January 21, 2015. The order, insofar as appealed from, denied the third-party defendant’s motion pursuant to CPLR 3211(a) to dismiss the third-party complaint or, in the alternative, for summary judgment dismissing the third-party complaint.

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the third-party defendant’s motion which was for summary judgment dismissing the third-party complaint is granted.

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