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BANSCHICK v. JOHNSON

2019-12391 Index No. 608065/18.

222 A.D.3d 608 (2023)

202 N.Y.S.3d 342

2023 NY Slip Op 06231

Ruth Banschick, Appellant, v. Michael Johnson et al., Respondents.

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

Decided December 6, 2023.

Attorney(s) appearing for the Case

Ruth E. Bernstein (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Christopher J. Soverow], of counsel), for appellant.

Frank M. Graziadei, P.C., New York, NY (Peter B. Fallon of counsel), for respondents.

Dillon, J.P., Iannacci, Miller and Taylor, JJ., concur.

In an action, inter alia, to recover damages for private nuisance and defamation, the plaintiff appeals from an order of the Supreme Court, Nassau County (Sharon M.J. Gianelli, J.), entered September 23, 2019. The order granted the defendants' motion pursuant to CPLR 3211(a)(7) to dismiss the complaint, and denied, as academic, the cross-motion of the plaintiff and Stuart Banschick to compel the defendants to comply with certain discovery demands and their separate cross...

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