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TAYLOR v. NICOSIA

2018-10937, 2018-11671. Index No. 605323/16.

178 A.D.3d 1115 (2019)

112 N.Y.S.3d 556

2019 NY Slip Op 09316

Andrew S. Taylor, Appellant, v. Vincent J. Nicosia, Respondent.

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

Decided December 24, 2019.

Attorney(s) appearing for the Case

Stefano A. Filippazzo, P.C., Brooklyn, NY ( Louis A. Badolato of counsel), for appellant.

Richard T. Lau , Jericho, NY ( Kathleen E. Fioretti of counsel), for respondent.

Rivera, J.P., Balkin, Roman and Barros, JJ., concur.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, with costs, the defendant's motion for summary judgment dismissing the complaint is denied, the complaint is reinstated, and the order is modified accordingly.

The appeal from the order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action (see Matter of Aho,

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