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BRESLIN v. SMITH & DE GROAT

008594/14

52 Misc.3d 511 (2016)

30 N.Y.S.3d 496

2016 NY Slip Op 26128

In the Matter of BRESLIN REALTY DEVELOPMENT CORP., Petitioner, v. SMITH & DE GROAT, INC., et al., Respondents. MARTIN I. SCHACKNER, Also Known as MARTIN SCHACKNER, Judgment Debtor. In the Matter of BRESLIN REALTY DEVELOPMENT CORP., Petitioner, v. KAREN SCHACKNER et al., Respondents. MARTIN I. SCHACKNER, Also Known as MARTIN SCHACKNER, Judgment Debtor.

Supreme Court, Nassau County.

Decided March 11, 2016.

Attorney(s) appearing for the Case

Helfand & Helfand (Aaron Weissberg of counsel) for petitioner.

Quatela, Hargraves & Mari, PLLC (Joseph A. Quatela of counsel) for Smith & De Groat, Inc., respondent.

Lynn, Gartner, Dunne & Covello, LLP (Joseph Covello, Tiffany D. Frigenti and Stephen W. Livingston of counsel) for MS Advisory Services, Inc. and another, respondents, and Martin I. Schackner, also known as Martin Schackner, judgment debtor.

OPINION OF THE COURT

Decision after Trial

In each of the above captioned proceedings petitioner seeks a turnover of assets in satisfaction of a judgment debt. The two actions are related in many respects; but there is not complete identity of parties or issues. To avoid duplication of testimony the parties...

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