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STANLEY v. DeJESUS

2020-02253. Index No. 506414/17.

205 A.D.3d 717 (2022)

167 N.Y.S.3d 545

2022 NY Slip Op 02995

Morgan Stanley, Appellant, v. Juan DeJesus, Respondent, et al., Defendants.

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Robertson, Anschutz, Schneid, Crane & Partners, PLLC, Westbury, NY (Joseph F. Battista and Leah Lenz of counsel), for appellant.

The Silber Law Firm, LLC, New York, NY (Meyer Y. Silber of counsel), for respondent.

Connolly, J.P., Roman, Maltese and Christopher, JJ., concur.

Ordered that the order is reversed, on the law, with costs, the cross motion of the defendant Juan DeJesus for summary judgment dismissing the complaint insofar as asserted against him is denied, and the matter is remitted to the Supreme Court, Kings County, for a new determination of the plaintiff's motion, inter alia, for summary judgment on the complaint insofar as asserted against the defendant Juan DeJesus, to strike his answer, and to appoint a referee to compute the...

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