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APONTE v. ESTATE OF APONTE

2016-13255, Index No. 11825/15.

172 A.D.3d 970 (2019)

101 N.Y.S.3d 132

2019 NY Slip Op 03750

Rene Aponte, Sr., Respondent, v. Estate of Rene Aponte, Jr., Defendant, and Danae Aponte, Also Known as Danae Lobo, et al., Appellants.

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

Decided May 15, 2019.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion of the defendants Danae Aponte, also known as Danae Lobo, and Dekalb and Myrtle, LLC, which was pursuant to CPLR 3211 (a) to dismiss the causes of action seeking damages and the imposition of a constructive trust in connection with a business known as Dekalb Second Hand Dealer, Inc., insofar as asserted against the defendant Estate of Rene Aponte, Jr., and...

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