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MATTER OF FISCHER v. CHABBOTT

2017-08477. Index No. 506103/17.

178 A.D.3d 923 (2019)

115 N.Y.S.3d 395

2019 NY Slip Op 09002

In the Matter of David Fischer, Respondent, v. Julius Chabbott et al., Appellants, et al., Respondent.

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

Decided December 18, 2019.

Attorney(s) appearing for the Case

Heller Horowitz & Feit, P.C., New York, NY ( Eli Feit and Stuart A. Blander of counsel), for appellant-respondent.

Avrom R. Vann , P.C., New York, NY, for respondent-appellant Julius Chabbott.

Michael A. Haskel , Mineola, NY ( Mary A. Wright and Brandon M. Zlotnick of counsel), for respondent-appellant Mayrav Chabbott.

Gassman Baiamonte Gruner, P.C., Garden City, NY (Stephen Gassman, Karen Bodner, and Deborah Kelly of counsel), respondent-respondent pro se.

Balkin, J.P., Cohen, Miller and Duffy, JJ., concur.

Ordered that the cross appeal by Julius Chabbott is dismissed, as Julius Chabbott is not aggrieved by the portions of the order cross-appealed from (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144, 156-157 [2010]); and it is further,

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from by Mayrav Chabbott, on the law...

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