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MENDLER v. JANE-HORATIO LLC

Index No. 157007/18. Appeal No. 13067-13067A. Case Nos. 2020-02069, 2020-03490.

191 A.D.3d 476 (2021)

142 N.Y.S.3d 492

2021 NY Slip Op 00803

Joseph Mendler, Appellant-Respondent, v. Jane-Horatio LLC et al., Respondents, and Suzanne Lawton, Respondent-Appellant, et al., Defendant.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Silverman Shin & Bryne PLLC, New York ( Andrew V. Achiron of counsel), for appellant-respondent.

Mantel McDonough Riso, LLP, New York ( Gerard A. Riso of counsel), for respondent-appellant.

Patterson Belknap Webb & Tyler LLP, New York ( Stephen P. Younger , of counsel), for respondents.

Concur—Renwick, J.P., Kern, Mazzarelli, Oing, JJ.

This appeal involves a separation agreement executed in 1973 by former spouses, Henry Mendler (Henry) and Judith Marion Mendler (Judith) that divided their marital property. After Judith and Henry divorced, Henry married defendant Suzanne Lawton, to whom he was married for 30 years. Henry died in 2018, naming Lawton as personal representative of his estate (estate), and Judith died during the pendency of this appeal.

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