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RUSSO v. TIME MOVING & STOR., INC.

2017-08359. Index No. 10035/11.

194 A.D.3d 976 (2021)

2021 NY Slip Op 03207

Michael Russo, Appellant-Respondent, v. Time Moving and Storage, Inc., et al., Defendants, and Kevin Gilgan, Respondent-Appellant. Joseph P. Toscano, Nonparty Appellant-Respondent.

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

Decided May 19, 2021.

Attorney(s) appearing for the Case

Stein and Stein, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac , Kenneth J. Gorman , and Brianna Walsh ], of counsel), for plaintiff-appellant-respondent and nonparty-appellant-respondent.

Ellenoff Grossman & Schole, LLP, New York, NY ( David A Gehn and Matthew B. Baum of counsel), for defendant-respondent-appellant.

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

Ordered that the order is reversed insofar as appealed from, on the law, and those branches of the cross motion of Kevin Gilgan which were to vacate so much of the arbitration award as awarded the plaintiff and Joseph P. Toscano punitive damages and ordered the dissolution of Evidence Secure, Inc., are denied; and it is further,

Ordered that the order is affirmed insofar as cross- appealed from; and it is further,

Ordered that one bill of costs is awarded...

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