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JOSEPH v. FENSTERMAN

2018-03623. Index No. 10021/15.

204 A.D.3d 766 (2022)

167 N.Y.S.3d 106

2022 NY Slip Op 02398

Stanley Joseph et al., Appellants, v. Howard Fensterman et al., Respondents.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Fryman, P.C., Valley Stream, NY (David J. Fryman, Rusk, Wadlin, Heppner & Martuscello, LLP [E. Michael Kavanagh], and Lynn Gartner Dunne, LLP [Kenneth L. Gartner], of counsel), for appellants.

Law Office of Steven Cohn, P.C., Carle Place, NY (Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP [Keith J. Singer], of counsel), for respondents.

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

Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the defendants' motion which were pursuant to CPLR 3211(a) to dismiss the first, second, fourth, thirteenth, and fourteenth causes of action, and the sixth and tenth causes of action insofar as asserted against the defendants Lori Fensterman, Jordan Fensterman, and Staci Fensterman, and substituting therefor provisions denying those branches of the defendants' motion...

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