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DIAMOND v. LEONE

2018-04157, 2018-10852, Index No. 600048/14.

173 A.D.3d 686 (2019)

102 N.Y.S.3d 657

2019 NY Slip Op 04358

Meredith Diamond, Appellant, v. Diana Leone, Defendant, and John J. Karaban, Jr., Respondent. (And a Third-Party Action.)

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

Decided June 5, 2019.

Ordered that the order entered February 28, 2018, is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and the plaintiff's motion to vacate the order dated November 28, 2017, and to restore the action to the trial calender is granted; and it is further,

Ordered that the appeal from the order entered July 17, 2018, is dismissed as academic, without costs or disbursements, in light of our determination on the appeal from the order...

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