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CATALDO v. HERRMANN

2014-11521, Index No. 30673/13.

154 A.D.3d 641 (2017)

2017 NY Slip Op 06920

62 N.Y.S.3d 130

ANGELO CATALDO, Individually and as Executor of the Estate of CATHERINE CATALDO, Deceased, Appellant, v. MATTHEW HERRMANN, Respondent.

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

Decided October 4, 2017.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, Angelo Cataldo, and his now deceased wife, Catherine Cataldo, commenced a prior action against the defendant Matthew Herrmann, and others, to recover damages for the alleged breach of a contractor agreement and the alleged default upon a promissory note. That action was dismissed insofar as asserted against the defendant pursuant to CPLR 3211 (a) (8) for failure to acquire personal...

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