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SCHWARTZBARD v. COGAN

Index No. 161674/13. Appeal No. 13341. Case No. 2018-20660.

192 A.D.3d 523 (2021)

140 N.Y.S.3d 413

2021 NY Slip Op 01523

Michael Schwartzbard, Appellant, v. Marshall S. Cogan, Respondent.

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

Blank Rome LLP, New York ( Harris N. Cogan of counsel), for appellant.

Concur— Renwick, J.P., Kapnick, Oing, Moulton, JJ.

"A written order [or judgment] must conform strictly to the court's decision, and in the event of an inconsistency between a judgment and a decision or order upon which it is based, the decision or order controls" (Spier v Horowitz, 16 A.D.3d 400, 401 [2d Dept 2005] [internal quotation marks and citation omitted]). "Such an inconsistency may be corrected either by way of a motion for resettlement...

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