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LORUSSO v. DeLUCA

2019-07283, Index No. 606736/16.

2022 NY Slip Op 02260

ROBERT LORUSSO, Appellant, v. MARIO DeLUCA, ETC., ET AL., Respondents.

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

Decided April 6, 2022.

Attorney(s) appearing for the Case

Mark E. Goidell, Garden City, NY, for appellant.

Gershin, Ziegler & Amicizia, P.C., Smithtown, NY (Vincent M. Amicizia of counsel), for respondent Mario DeLuca.

Aaron S. Kaufman, Commack, NY, for respondent Louis DeLuca.

Before: Betsy Barros, J.P., Reinaldo E. Rivera, Paul Wooten, Deborah A. Dowling, JJ.

In an action, inter alia, to recover on a promissory note, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County (John R. Rouse, J.), dated May 3, 2019. The order and judgment, insofar as appealed from, (1) granted the motion of the defendant Louis DeLuca pursuant to CPLR 3216 to dismiss the complaint insofar as asserted against him and pursuant to, inter alia, 22 NYCRR 202.27(b) to sever his counterclaims, (2) granted the cross...

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