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GOLDBERG v. BRETH

2019-04570, 2019-05130. Index No. 24069/12.

189 A.D.3d 1368 (2020)

134 N.Y.S.3d 804

2020 NY Slip Op 07870

Sheryl A. Goldberg, Respondent, v. Evan Breth et al., Appellants, et al., Defendant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Kaufman Borgeest & Ryan LLP, Valhalla, NY ( David Bloom and Shannon Henderson of counsel), for appellants.

Friedman Sanchez, LLP, Brooklyn, NY ( Andrew M. Friedman of counsel), for respondent.

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

Ordered that the order dated February 13, 2019, is reversed insofar as appealed from, on the facts and in the exercise of discretion, and that branch of the plaintiff's motion which was, in effect, to vacate the conditional order of dismissal dated February 22, 2018, and the order dated April 19, 2018, is denied; and it is further,

Ordered that the appeal from the order dated March 21, 2019, is dismissed as the defendants Evan Breth and Progressive Podiatry, PLLC...

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