CAERUS TERRA PROPERTIES, LLC v. SULTON

2018-09614. Index No. 2842/16.

178 A.D.3d 767 (2019)

111 N.Y.S.3d 897

2019 NY Slip Op 08818

Caerus Terra Properties, LLC, Respondent, v. Andre Sulton, Appellant, et al., Defendants.

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

Decided December 11, 2019.


Attorney(s) appearing for the Case

Biolsi Law Group, P.C., New York, NY ( Steven Alexander Biolsi of counsel), for appellant.

Michael T. Sucher , Brooklyn, NY ( Andrew M. Shabasson of counsel), for respondent.

Scheinkman, P.J., Rivera, Chambers and Brathwaite Nelson, JJ., concur.


Motion by the respondent to dismiss the appeal from the judgment on the ground that the appellant waived his right to appeal by accepting the benefit of the judgment. By decision and order on motion of this Court dated May 2, 2019, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Separate motion by the respondent for leave to renew its prior motion to dismiss the appeal...

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