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MIGHTY v. DESHOMMES

2017-07598, 2017-10966, 2018-07639. Index No. 510633/14.

178 A.D.3d 912 (2019)

115 N.Y.S.3d 454

2019 NY Slip Op 08996

Gary Mighty, Respondent, v. John R. Deshommes et al., Defendants, and Wayne K. Ewing, Appellant.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Morris Duffy Alonso & Faley, New York, NY (Iryna S. Krauchanka and Andrea M. Alonso of counsel), for appellant.

Dell & Dean, PLLC (Mischel & Horn, P.C., New York, NY [Scott T. Horn, Susan M. Jaffe, and Christen Giannaros], of counsel), for respondent.

Mastro, J.P., Austin, Roman and Brathwaite Nelson, JJ., concur.

Ordered that the appeal from the order dated June 16, 2017, is dismissed, as that order was superseded by the order dated September 15, 2017, made upon reargument; and it is further,

Ordered that the order dated September 15, 2017, is affirmed insofar as appealed from; and it is further,

Ordered that the order dated May 4, 2018, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

On November 20, 2011...

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