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PIETRAFESA v. CANESTRO

2015-00800

130 A.D.3d 602 (2015)

13 N.Y.S.3d 204

2015 NY Slip Op 05659

GENE PIETRAFESA, as Executor of MARIE PIETRAFESA, Deceased, Respondent, v. ANTHONY CANESTRO, Appellant.

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

Decided July 1, 2015.

Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion which was to restore the case to the motion calendar for disposition of the pending and undecided motions is granted, and the matter is remitted to the Supreme Court, Queens County, for a determination of the merits of the defendant's motion for summary judgment dismissing the complaint and the plaintiff's cross motion for summary...

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