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SPALLONE v. SPALLONE

160061/13, 8957, 8956.

171 A.D.3d 527 (2019)

98 N.Y.S.3d 43

2019 NY Slip Op 02808

Silvio Spallone, Respondent, v. Frank Spallone, Appellant.

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

Decided April 11, 2019.

The court properly precluded Stephen Mahler, Esq. from participating in the inquest on damages. Because Mr. Mahler had not been properly substituted as attorney of record, he lacked standing to proceed on defendant's behalf (see CPLR 321 [b]; Elite 29 Realty LLC v Pitt, 39 A.D.3d 264 [1st Dept 2007]).

The court's award of damages was supported by the record. We reject defendant's challenge to the $150,000 portion of...

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