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WOOKEY v. TOTH

2022-09791. Index No. 617957/19.

230 A.D.3d 1192 (2024)

218 N.Y.S.3d 440

2024 NY Slip Op 04418

Thomas Wookey, Appellant, v. Gregory Toth et al., Defendants, and Steven Anello, Respondent.

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

Decided September 11, 2024.

Attorney(s) appearing for the Case

Rosenberg Fortuna & Laitman, LLP, Garden City, NY (Brett D. Zinner of counsel), for appellant.

James T. Scalise, Esq. P.C. (Hasapidis Law Offices, South Salem, NY [Annette G. Hasapidis], of counsel), for respondent.

Duffy, J.P., Wooten, Voutsinas and Ventura, JJ., concur.

In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), entered October 5, 2022. The order, insofar as appealed from, granted that branch of the motion of the defendant Steven Anello which was pursuant to CPLR 5015(a)(1) to vacate an order of the same court entered May 10, 2021, granting the plaintiff's unopposed motion, inter alia, for leave to enter a default judgment...

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