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BATBROTHERS, LLC v. PAUSHOK

Index No. 150122/15. Appeal No. 15935. Case No. 2021-03528.

205 A.D.3d 499 (2022)

165 N.Y.S.3d 856

2022 NY Slip Op 03172

BatBrothers, LLC, Respondent, v. Sergey Viktorovich Paushok, Appellant.

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

Decided May 12, 2022.

Attorney(s) appearing for the Case

Wuersch & Gering, LLP, New York (Kevin Murphy of counsel), for appellant.

Holland & Knight LLP, New York (Mitchell J. Geller of counsel), for respondent.

Concur—Gische, J.P., Scarpulla, Mendez, Shulman, Higgitt, JJ.

Defendant's motion to vacate the judgment was properly denied, as it rests on previously advanced arguments that the motion court and this Court rejected (Pritsler v Zamansky LLC, 2019 NY Slip Op 34574[U] [Sup Ct, NY County 2019], affd 198 A.D.3d 518 [1st Dept 2021]; Matter of Citigroup Global Mkts., Inc. v Fiorilla, 178 A.D.3d 567 [1st Dept 2019]). Moreover, some of those arguments address the merits of the judgment obtained against defendant in the...

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