BORIELLO v. LOCONTE

2017-02449, 2017-03378, Index No. 503180/13.

181 A.D.3d 856 (2020)

122 N.Y.S.3d 71

2020 NY Slip Op 02035

Dorine Boriello, Individually and as Trustee of the Lo Conte Family Irrevocable Trust for the Benefit of Dorine Borriello, and Derivatively on Behalf of Caterina Realty LLC, Appellant, v. Michael Loconte, Individually and as Trustee of the Lo Conte Family Irrevocable Trust for the Benefit of Michale LoConte, et al., Respondents.

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

Decided March 25, 2020.


Ordered that the order and judgment is reversed, on the law, the defendants' motion pursuant to CPLR 4401 for a directed verdict is denied, the amended complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a new trial; and it is further,

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

Ordered that one bill of costs is awarded to the plaintiff.

The plaintiff, Dorine Boriello,...

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