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KESSELMAN v. LONDON PAINT CO.

LT-060268-15/NY.

54 Misc.3d 639 (2016)

2016 NY Slip Op 26392

42 N.Y.S.3d 573

SIDNEY KESSELMAN, as Trustee of the KESSELMAN LIVING TRUST, Petitioner, v. LONDON PAINT & WALLPAPER CO., INC., Doing Business as LONDON TRUE VALUE HARDWARE, Respondent.

Civil Court of the City of New York, New York County.

Decided November 29, 2016.

Attorney(s) appearing for the Case

Norris McLaughlin & Marcus, P.A., New York City ( Sharyn A. Tritto of counsel), for respondent.

Anderson Kill, P.C., New York City ( Andrew J. Wagner of counsel), for petitioner.

OPINION OF THE COURT

Respondent London Paint & Wallpaper Co., Inc.'s motion to restore and to dismiss, and petitioner Sidney Kesselman as Trustee of the Kesselman Living Trust's cross motion for an order pursuant to RPAPL 745 (2) (a) are decided as follows:

Background

Petitioner commenced...

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