DESTASO v. BOTTIGLIERI


52 A.D.3d 453 (2008)

861 N.Y.S.2d 676

VINCENT DESTASO, Respondent, v. PETER A. BOTTIGLIERI, Appellant, et al., Defendants.

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

Decided June 3, 2008.


Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, that branch of the plaintiff's motion which was for leave to enter judgment against the appellant on the issue of liability is denied, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings consistent herewith.

Initially, the defendant Peter A. Bottiglieri (hereinafter the defendant) claims that the Supreme Court...

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