GALASSO, LANGIONE & BOTTER, LLP v. GALASSO

2016-12230, Index Nos. 10038/07, 19198/07, 14211/07, 1510/09.

176 A.D.3d 1176 (2019)

113 N.Y.S.3d 110

2019 NY Slip Op 07769

Galasso, Langione & Botter, LLP, Appellant, v. Anthony P. Galasso, Defendant, and Signature Bank, Respondent. (Action No. 1.) Galasso, Langione & Botter, LLP, et al., Appellants, v. Signature Bank, Respondent, et al., Defendants. (Action No. 2.) Signature Bank, Plaintiff, v. Galasso, Langione & Botter, et al., Defendants. (Action No. 3.) Wendy Baron et al., Respondents-Appellants, v. Anthony Galasso et al., Defendants, and Galasso, Langione, LLP, et al., Appellants-Respondents. (Action No. 4.)

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

Decided October 30, 2019.


Attorney(s) appearing for the Case

Galasso & Langione, LLP, Garden City, NY (Peter J. Galasso pro se of counsel), for appellants and appellants-respondents.

Anthony A. Capetola , Williston Park, NY ( Michael C. Barrows of counsel), for respondents-appellants.

Westerman Ball Ederer Miller Zucker & Sharfstein, LLP, Uniondale, NY ( Richard F. Harrison , William E. Vita , and Naeemah Clark of counsel), for respondent.

Balkin, J.P., Chambers, Leventhal and LaSalle, JJ., concur.


Ordered that the cross appeal is dismissed, without costs or disbursements, as the plaintiffs in Action No. 4 are not aggrieved by the portions of the order cross-appealed from (see CPLR 5511); and it is further,

Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting that branch of the motion of Signature Bank, a defendant in Action Nos. 1 and 2, which was for summary judgment dismissing the fifth cause of action asserted...

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