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MATTER OF SKLAR v. GESTETNER

2018-10867. Index No. 31357/17.

190 A.D.3d 750 (2021)

135 N.Y.S.3d 906

2021 NY Slip Op 00179

In the Matter of Steven Sklar et al., Appellants, v. Alan Gestetner et al., Respondents, et al., Respondents.

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

Decided January 13, 2021.

Attorney(s) appearing for the Case

Daniel E. Bertolino , Upper Nyack, NY, for appellants.

Schloss & Schloss, PLLC, Airmont, NY ( Jonathan B. Schloss of counsel), for respondents-respondents Alan Gestetner and Malka Gestetner.

Montalbano, Condon & Frank, P.C., New City, NY ( Richard H. Sarajian of counsel), for respondents Route 45, LLC, and Max Kahan.

Rivera, J.P., Chambers, Miller and Brathwaite Nelson, JJ., concur.

Ordered that the order is affirmed, with costs.

In 2012, the petitioners obtained two default judgments against the respondent Alan Gestetner (hereinafter Alan), in the sum of $742,171 and $446,875, respectively. In 2017, the petitioners commenced this proceeding pursuant to CPLR 5206(e) to compel the sale of the marital home of Alan and his wife, the respondent Malka Gestetner (hereinafter Malka and, together with Alan...

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