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HERMAN v. HERMAN

6821, 650205/11, 950354/13.

162 A.D.3d 459 (2018)

79 N.Y.S.3d 116

2018 NY Slip Op 04104

Rosemarie A. Herman et al., Respondents, v. Julian Maurice Herman et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

Decided June 7, 2018.

Defendants-appellants' (hereinafter defendants) attempt to reargue liability issues — e.g., whether Maurice owed plaintiff a fiduciary duty and whether a conspiracy to commit fraud was established — is precluded by the default judgment against Maurice (see Herman v Herman, 134 A.D.3d 442 [1st Dept 2015]).

Defendants' argument that they were deprived of due process...

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