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JOHNSON v. AGUWA

2016-10134, 2017-02112, 2017-03067, Index No. 542/11.

176 A.D.3d 1039 (2019)

108 N.Y.S.3d 895

2019 NY Slip Op 07571

Robert Johnson, Jr., et al., Respondents, v. Mridasim Aguwa et al., Appellants. (Appeal No. 1.). Robert Johnson, Jr., et al., Appellants, v. Mridasim Aguwa et al., Respondents. (Appeal Nos. 2 and 3.).

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

The Fitzgerald Law Firm, P.C., Yonkers, NY (John F. Fitzgerald, James P. Fitzgerald, John M. Daly, Eugene S. R. Pagano, Robert F. Rich, Jr., and Mitchell Gittin of counsel), for appellants-respondents in Appeal No. 1 and appellants in Appeal Nos. 2 and 3.

Steinberg, Symer & Platt, LLP, Poughkeepsie, NY (Clifford A. Platt of counsel), for respondents-appellants in Appeal No. 1 and respondents in Appeal Nos. 2 and 3.

Rivera, J.P., Austin, Leventhal and Iannacci, JJ., concur.

Ordered that the order dated August 17, 2016, is affirmed insofar as appealed and cross-appealed from; and it is further,

Ordered that the appeal from the order dated January 27, 2017, is dismissed as abandoned; and it is further,

Ordered that on the Court's own motion, the notice of appeal from the order dated February 14, 2017, is deemed to be an application for leave to appeal from that order, and leave to appeal is granted (see CPLR 5701[c]); and...

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