MARINELLO v. MARINELLO

2017-09969, Index No. 10790/13.

171 A.D.3d 906 (2019)

98 N.Y.S.3d 148

2019 NY Slip Op 02697

George Marinello, Appellant, v. Maria Marinello et al., Respondents.

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

Decided April 10, 2019.


Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion, in effect, to vacate the Supreme Court's sua sponte dismissal of the amended complaint in November 2016, to restore the action to the calendar, and to schedule further discovery is granted.

In 2013, the plaintiff commenced this action against the defendants seeking, inter alia, to declare null and void a transfer on death agreement that the defendants purport was executed by the...

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