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CONGEL v. MALFITANO

2018-11068. Index No. 220/07.

193 A.D.3d 678 (2021)

141 N.Y.S.3d 917

2021 NY Slip Op 02130

Robert J. Congel et al., Respondents, v. Marc A. Malfitano, Appellant.

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

Decided April 7, 2021.

Attorney(s) appearing for the Case

Harris Beach PLLC, Albany, NY ( Victoria A. Graffeo and Svetlana K. Ivy of counsel), for appellant.

Goodwin Procter LLP, New York, NY ( Anthony S. Fiotto and Brian T. Burgess of counsel), for respondents.

Austin, J.P., Barros, Connolly and Christopher, JJ., concur.

Ordered that the third amended judgment is affirmed insofar as appealed from, with costs.

The underlying facts and procedural history of this action are summarized in our decisions and orders in several prior related appeals (see Congel v Malfitano, 141 A.D.3d 64 [2016], mod 31 N.Y.3d 272 [2018]; Congel v Malfitano,

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