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CRIST v. ROSENBERGER

No. EF008622-2017.

72 Misc.3d 436 (2021)

148 N.Y.S.3d 850

2021 NY Slip Op 21123

SHAWN CRIST, as Guardian Ad Litem of LEROY CRIST, III, an Adult Incapable of Adequately Prosecuting or Defending His Interest, Plaintiff, v. ROBERT ROSENBERGER, Defendant.

Supreme Court, Orange County.

Decided April 29, 2021.

Attorney(s) appearing for the Case

Finkelstein & Partners, LLP, Newburgh, for plaintiff.

O'Connor, McGuinness, Conte, Doyle, Oleson, Watson & Loftus, White Plains, for defendant.

OPINION OF THE COURT

On (1) a motion by the plaintiff, pursuant to CPLR 3212, for summary judgment on the issue of liability, and dismissing the defendant's first affirmative defense; and (2) a cross motion by the defendant, pursuant to CPLR 3211(a)(2), to dismiss the action for lack of subject matter jurisdiction...

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