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HARRIS v. HERSHKOWITZ

2014-942 Q C

50 Misc.3d 59 (2015)

23 N.Y.S.3d 798

2015 NY Slip Op 25334

LISA HARRIS, Appellant, v. DAVID S. HERSHKOWITZ, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided September 30, 2015.

Attorney(s) appearing for the Case

Lisa Harris, appellant pro se.

Patrick F. Adams, P.C., Great River ( Gary A. Pagliarello of counsel), for respondent.

PESCE, P.J., and SOLOMON, J., concur; WESTON, J., dissents in a separate memorandum.

OPINION OF THE COURT

Memorandum.

Ordered that, on the court's own motion, the notice of appeal from the decision dated October 17, 2013 is deemed a premature notice of appeal from the judgment entered April 4, 2014 (see CPLR 5520 [c]); and it is further, ordered that the judgment is reversed, without costs, the order dated February 10, 2014 granting defendant's oral application, pursuant to CPLR 4401...

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