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AQUILA v. RUBIO

2016-05201, Index No. 33561/12.

171 A.D.3d 863 (2019)

95 N.Y.S.3d 871

2019 NY Slip Op 02677

Carmine Dell Aquila, Respondent-Appellant, v. Thomas Rubio, Administrator of the Estate of Joseph O. Rubio, Deceased, et al., Appellants-Respondents, et al., Defendant.

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

Decided April 10, 2019.

Ordered that the order dated May 2, 2016, is affirmed insofar as appealed from; and it is further,

Ordered that the order dated May 2, 2016, is reversed insofar as cross-appealed from, on the law, those branches of the plaintiff's motion which were to vacate the temporary restraining order dated October 26, 2012, and, thereupon, to direct the release of the shares of Joseph O. Rubio in Smithtown Nissan, Inc., to the plaintiff are granted, and a subsequent order of...

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