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HERNANDEZ v. BRAYER

2019-11174. Index No. 509098/14.

208 A.D.3d 642 (2022)

174 N.Y.S.3d 77

2022 NY Slip Op 04953

Michael Hernandez, Appellant, v. Yoel Brayer et al., Respondents.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Paris & Chaikin, PLLC (The Altman Law Firm, PLLC, Woodmere, NY [Michael T. Altman], of counsel), for appellant.

Jennifer S. Adams, Yonkers, NY (Richard C. Ertel of counsel), for respondent Yoel Brayer.

Smith Mazure, P.C., New York, NY (Louise M. Cherkis and Jacob Jay Young of counsel), for respondent Rafael Melendez.

Havkins Rosenfeld Ritzert, LLP, Mineola, NY (Gail L. Ritzert of counsel), for respondents Andres Palm Hiroito II and Doe Fund, Inc.

Dillon, J.P., Duffy, Genovesi and Ford, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the motion of the defendant Yoel Brayer for summary judgment dismissing the complaint insofar as asserted against him, and substituting therefore a provision denying the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the plaintiff payable by the defendant Yoel Brayer, and one bill of costs to the defendant Rafael Melendez and the defendants...

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