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MOORE v. MOORE

2020-05652. Index No. 887/04.

216 A.D.3d 938 (2023)

191 N.Y.S.3d 55

2023 NY Slip Op 02656

Donald E. Moore, as Administrator of the Estate of Samuel Moore Jr., Deceased, Appellant, v. Samuel Patrice Moore et al., Defendants, and Shaul Amzalag et al., Respondents.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

Law Offices of Jaime Lathrop, P.C., Brooklyn, NY, for appellant.

Finkelstein Filler, LLP, Staten Island, NY (Edward R. Finkelstein of counsel), for respondent Shaul Amzalag.

Ganfer Shore Leeds & Zauderer, New York, NY (Mark A. Berman and Jeremy Francis of counsel), for respondent Bank of New York.

Duffy, J.P., Christopher, Zayas and Wan, JJ., concur.

In an action, inter alia, to recover damages for unjust enrichment and fraud, the plaintiff appeals from an order of the Supreme Court, Kings County (Edgar G. Walker, J.), dated June 26, 2020. The order, insofar as appealed from, (1) denied the plaintiff's motion, in effect, pursuant to CPLR 5015(a) to vacate an order of the same court dated January 10, 2020, granting the unopposed motion of the defendant Shaul Amzalag for the imposition of sanctions and, thereupon, striking...

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