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MANNING v. BASSI

2017-08857. Index No. 101654/14.

195 A.D.3d 923 (2021)

146 N.Y.S.3d 499

2021 NY Slip Op 04015

Camille Manning, Appellant, v. Barbara R. Bassi, Respondent.

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

Decided June 23, 2021.

Attorney(s) appearing for the Case

Chelli & Bush ( Laurel A. Wedinger , Staten Island, NY, of counsel), for appellant.

Law Offices of Dennis C. Bartling (Russo & Tambasco, Melville, NY [ Susan J. Mitola ], of counsel), for respondent.

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

Ordered that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order is reversed, on the law, the defendant's oral application, in effect, pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint is denied, and the matter is remitted to the Supreme Court, Richmond County, for a new trial on the issue...

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