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Murray J.S. Kirshtein, As Guardian and As Administrator of the Estate of George J. v. Americu Credit Union (Formerly Up State Federal Credit Union)

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 25, 2011

MURRAY J.S. KIRSHTEIN, AS GUARDIAN AND AS ADMINISTRATOR OF THE ESTATE OF GEORGE J. TAPPER, DECEASED, PLAINTIFF,
v.
AMERICU CREDIT UNION (FORMERLY UP STATE FEDERAL CREDIT UNION), DEFENDANT, ET AL.,
DEFENDANT. MURRAY J.S. KIRSHTEIN, AS ADMINISTRATOR OF THE ESTATE OF GEORGE J. TAPPER, DECEASED,
PLAINTIFF-RESPONDENT, TOYS-"R"-US, INC.,
DEFENDANT-APPELLANT, ET AL., DEFENDANTS.

Appeal from a judgment of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered March 31, 2010. The judgment, among other things, ordered defendant Toys-"R"-Us to pay plaintiff the sum of $263,017.80.

The opinion of the court was delivered by: Centra, J.

Kirshtein v Americu Credit Union

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 25, 2011

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

(AND A THIRD-PARTY ACTION.) (ACTION NO. 1.) (AND A THIRD-PARTY ACTION.) (ACTION NO. 2.) (APPEAL NO. 2.)

OPINION AND

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Same Opinion by Centra, J.P., as in Kirshtein v AmeriCU Credit Union ([appeal No. 1] ___ AD3d ___ [Mar. 25, 2011]).

Entered: March 25, 2011 Patricia L. Morgan Clerk of the Court

20110325

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