MATTER OF WYDRA v. BRACH

2018-05301. Index No. 27286/10.

203 A.D.3d 1169 (2022)

163 N.Y.S.3d 458

2022 NY Slip Op 02129

In the Matter of Edward Wydra et al., Respondents, v. Mendel Brach et al., Appellants, et al., Intervenors.

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

Decided March 30, 2022.


Attorney(s) appearing for the Case

Abrams Fensterman, LLP, Brooklyn, NY (Susan Mauro, Robert A. Spolzino, and Smith Buss & Jacobs, LLP, of counsel), for appellant Mendel Brach, and J. Michael Gottesman, Kew Gardens, NY, for appellants Moshe Roth, also known as Mozes Roth, New Hewes Tenant, LLC, Hewes Standing, LLC, Hewes Standing, LLC, and Lodge Road, LLC, a joint venture, Hewes Standing 2, LLC, Hewes Views, LLC, 4217-4223 NU, LLC, also known as New Utrecht, LLC, Cimarron Lake Estates, LLC, Quality Estates, LLC, Franskill Development, LLC, Flushing Place, Inc., also known as Flushing Place, LLC, Bedford Place, Inc., also known as Bedford Place, LLC, 405 Bedford Avenue Development Corp., Hewes Views, Inc., 222 Skillman, LLC, 222 Skillman I, LLC, 652 Park, LLC, 420 Marcy, LLC, also known as 420 Marcy Avenue, LLC, Frankwink Properties, LLC, 189 Spencer, LLC, 416 Bedford Avenue, LLC, also known as 401 Bedford, LLC, and 519 Marcy, LLC, also known as 519 Marcy Avenue, LLC (one brief filed).

Lynn, Gartner, Dunne & Covello, LLP, Mineola, NY (Kenneth L. Gartner and Perry Balagur of counsel), for respondents.

Dillon, J.P., Duffy, Christopher and Wooten, JJ., concur.


Ordered that the appeal is dismissed, with costs.

The petitioners commenced this proceeding pursuant to CPLR article 75 to confirm an arbitration award dated August 9, 2012. In an order dated January 30, 2014, the Supreme Court, inter alia, modified the arbitration award, confirmed the award as so modified, and denied the appellants' cross motion to vacate the award. However, in an order dated August 13, 2015, the court, upon renewal, in effect, vacated the prior...

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