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SHAPIRO v. KURTZMAN

2019-04524. Index No. 7875/01.

189 A.D.3d 901 (2020)

137 N.Y.S.3d 104

2020 NY Slip Op 07233

Susan Hito Shapiro et al., Respondents, v. Deborah Shapiro Kurtzman, Appellant, et al., Defendants. (And Related Actions.).

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Cole Schotz P.C., New York, NY ( Jed M. Weiss of counsel), for appellant.

Keane & Beane, P.C., White Plains, NY ( Edward F. Beane of counsel), for respondent Susan Hito Shapiro.

Mastro, J.P., Leventhal, Hinds-Radix and Maltese, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion of the defendant Deborah Shapiro Kurtzman for an award of attorney's fees based on frivolous conduct in this action pursuant to 22 NYCRR 130-1.1; as so modified, the order is affirmed, with costs to the defendant Deborah Shapiro Kurtzman, and the matter is remitted to the Supreme Court, Rockland County, for further proceedings consistent...

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