McDONALD v. O'CONNOR

2018-07405. Index No. 504167/18.

189 A.D.3d 1208 (2020)

138 N.Y.S.3d 100

2020 NY Slip Op 07558

Elizabeth McDonald, Appellant, v. Josephine O'Connor et al., Respondents, et al., Defendants.

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

Decided December 16, 2020.


Attorney(s) appearing for the Case

Rosen Law LLC, Great Neck, NY ( Michael J. Noonan and Gary Rosen of counsel), for appellant.

Thomas A. Toscano, P.C., Mineola, NY ( Cecilia E. O'Connell of counsel), for respondents.

Mastro, J.P., Cohen, Duffy and Brathwaite Nelson, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provisions thereof granting those branches of the motion of the defendants Josephine O'Connor, Anthony Gangemi, and Thomas P. Anselmo which were pursuant to CPLR 3211(a)(1) to dismiss, in effect, the causes of action in the amended complaint alleging breach of contract and for declaratory relief insofar as asserted against them and to cancel the notice of pendency, and substituting therefor provisions denying...

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