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LEWIS v. HOLLIMAN

2016-05911, Index No. 507479/13.

176 A.D.3d 1048 (2019)

111 N.Y.S.3d 105

2019 NY Slip Op 07574

Roland Lewis, Respondent, v. Mary Jean Holliman, Defendant, and Stacy Reeves, Appellant.

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

Decided October 23, 2019.

Attorney(s) appearing for the Case

Stern & Stern, Brooklyn, NY ( Pamela Smith of counsel), for appellant.

Korsinsky & Klein, LLP, Brooklyn, NY ( Michael Korsinsky , Samuel Diamanstein , and Stuart R. Friedman of counsel), for respondent.

Mastro, J.P., Maltese, Connolly and Iannacci, JJ., concur.

Ordered that on the Court's own motion, the notice of appeal from the order dated April 18, 2016, is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,

Ordered that the judgment is reversed, on the law, with costs, the motion of the defendant Stacy Reeves pursuant to CPLR 5015(a) to vacate the order dated October 15, 2015, is granted, the order dated April 18, 2016, is modified accordingly, and the matter is remitted...

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