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FREUND v. ROSENGARTEN

283 A.D.2d 218 (2001)

728 N.Y.S.2d 365

SHAYA FREUND, Appellant, v. SOLOMON ROSENGARTEN, Defendant, and MARK S. FRIEDLANDER, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 10, 2001.

The action was properly dismissed as against respondent on the ground that plaintiff would not have prevailed on his appeal of the underlying action even if respondent had perfected it (see, Weiner v Hershman & Leicher, 248 A.D.2d 193), and even if consideration were given to the various arguments plaintiff now makes that were not before the IAS court in the underlying...

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