BELFAND v. PETOSA

Index No. 155496/12. Appeal No. 13251. Case No. 2020-00715.

196 A.D.3d 60 (2021)

148 N.Y.S.3d 457

2021 NY Slip Op 03522

SEMAN BELFAND, Respondent, v. RAYMOND PETOSA et al., Appellants.

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

Decided June 3, 2021.


Attorney(s) appearing for the Case

McGivney, Kluger, Clark & Intoccia, P.C., New York City ( Dean L. Pillarella and Michael Rawlinson of counsel), for appellants.

William Schwitzer & Associates, P.C., New York City ( Howard R. Cohen of counsel), for respondent.

KERN, J.P., SINGH and MOULTON, JJ., concur.


OPINION OF THE COURT

This appeal asks us to address an issue of constitutional magnitude—whether the United States Supreme Court's recent decision in Franchise Tax Bd. of Cal. v Hyatt (587 US ___, 139 S.Ct. 1485 [2019]) (Hyatt) requires us to dismiss, based on the doctrine of sovereign immunity, a trial-ready...

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