Stevens v. Newberry

In an action, inter alia, to invalidate a will on the ground of fraud, the plaintiffs appeal from an order of the Supreme Court, Nassau County (Feinman, J.), entered January 21, 2009, which, inter alia, granted those branches of the defendants’ separate motions pursuant to CPLR 3211 (a) (3) which were to dismiss the complaint insofar as asserted against each of them and granted that branch of the motion of the defendant Karen Newberry which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) insofar as asserted against her by the plaintiff Barbara Tapley Ortiz.

Ordered that the appeal…