JAMES B. NUTTER & CO. v. McLAUGHLIN

2019-00296, 2019-00297. Index No. 10302/13.

189 A.D.3d 803 (2020)

133 N.Y.S.3d 461

2020 NY Slip Op 07178

James B. Nutter & Company, Appellant, v. Catherine McLaughlin et al., Respondents.

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

Decided December 2, 2020.


Attorney(s) appearing for the Case

RAS Boriskin, LLC, Westbury, NY ( Joseph F. Battista and Leah Lenz of counsel), for appellant.

Rivera, J.P., Roman, Miller and Wooten, JJ., concur.


Ordered that the appeal from the order entered February 6, 2018, is dismissed, without costs or disbursements, as that order was superseded by the order entered May 22, 2018; and it is further,

Ordered that on the Court's own motion, the notice of appeal from so much of the order entered May 22, 2018, as, sua sponte, deemed the action abandoned pursuant to 22 NYCRR 202.48 is deemed to be an application for leave to appeal from that portion of the order, and leave...

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