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ESTATE OF FRANZESE v. ZEAR LLC

9419, 114680/10.

172 A.D.3d 629 (2019)

99 N.Y.S.3d 623

2019 NY Slip Op 04265

The Estate of Anthony Franzese, Deceased, Respondent, v. Zear LLC, Appellant, et al., Defendants.

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

Decided May 30, 2019.

Plaintiff's contention that defendant should have appealed from the March 2015 order is without merit, as that order did not decide a motion made upon notice (see CPLR 5701 [a] [2]; Sholes v Meagher, 100 N.Y.2d 333, 335 [2003]). Defendant acted properly by moving to vacate the March 2015 and August 2017 orders and then appealing from the denial of vacatur (see Sholes, 100 NY2d at 335).

The July 2014 stipulations...

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