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HEPWORTH v. HEPWORTH

10486. 651730/14. 59495/17.

178 A.D.3d 416 (2019)

115 N.Y.S.3d 20

2019 NY Slip Op 08609

C. Louise Hepworth, Respondent, v. Douglas J. Hepworth et al., Appellants. Douglas J. Hepworth et al., Third-Party Plaintiffs-Appellants, v. Michael Charles, Third-Party Defendant-Respondent.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Brick Law PLLC, White Plains ( Brian H. Brick of counsel), for appellants.

Loeb & Loeb LLP, New York ( Paula K. Colbath of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.

While defendants preserved their request for a declaration regarding Coyne and are not estopped from seeking it (see generally Fundamental Portfolio Advisors, Inc. v Tocqueville Asset Mgt., L.P., 7 N.Y.3d 96, 106-107 [2006]), their failure to obtain a stay pending appeal prevents them from obtaining the declarations they seek (see Da Silva v Musso, 76 N.Y.2d 436, 440 [1990]). Even though...

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