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AQ ASSET MANAGEMENT LLC v. LEVINE

652367/10-4578, 4577, 4576.

154 A.D.3d 430 (2017)

62 N.Y.S.3d 321

2017 NY Slip Op 06911

AQ ASSET MANAGEMENT LLC et al., Respondents, v. MICHAEL LEVINE, in his Capacity as Escrow Agent, Respondent-Appellant, and HABSBURG HOLDINGS LTD. et al., Appellants-Respondents. (And Another Action.)

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

Decided October 3, 2017.

Although the inventory lists submitted by Habsburg and Patrizzi are hearsay evidence, they may be considered in opposition to plaintiffs' motion, because they are not the only evidence submitted in opposition (see Uncyk v Cedarhurst Prop. Mgt., LLC, 137 A.D.3d 610, 611 [1st Dept 2016]). Issues of fact as to the handling of the Antiquorum S.A. inventory by Patrizzi or others after his departure and whether plaintiffs engaged in a...

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