GADDY v. FREEMAN

2018-14148. Index No. 13717/14.

193 A.D.3d 1033 (2021)

147 N.Y.S.3d 661

2021 NY Slip Op 02512

Cedric Todd Gaddy, Respondent, v. Gary L. Freeman et al., Appellants.

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

Decided April 28, 2021.


Attorney(s) appearing for the Case

Frank J. Rio , Brooklyn, NY ( Rebecca Carmen of counsel), for appellants.

Lehrman & Maseng, PLLC, Brooklyn, NY ( Michael A. Lehrman of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Duffy and Iannacci, JJ., concur.


Ordered that the order dated September 27, 2018, is affirmed, with costs.

In 2014, the plaintiff commenced this action, inter alia, to set aside two deeds on the ground of fraud and for a judgment declaring that he is the owner of the subject properties. In January 2016, the case was marked disposed for failure to file a note of issue. In December 2016, the plaintiff moved, by order to show cause, to restore the case to the active calendar and, in effect, for summary...

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