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RD LEGAL FUNDING PARTNERS, LP v. WORBY GRONER EDELMAN & NAPOLI BERN, LLP

2017-08578, 2017-12389. Index No. 607971/15.

195 A.D.3d 968 (2021)

2021 NY Slip Op 04047

RD Legal Funding Partners, LP, Respondent-Appellant, v. Worby Groner Edelman & Napoli Bern, LLP, Appellant-Respondent.

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

Decided June 23, 2021.

Attorney(s) appearing for the Case

Clausen Miller P.C., New York, NY ( Joseph J. Ferrini , Tyler Jay Lory , and Serena A. Skala of counsel), for appellant-respondent.

Reisman Peirez Reisman & Capobianco LLP, Garden City, NY ( Jerome Reisman of counsel), for respondent-appellant.

LaSalle, P.J., Chambers, Connolly and Christopher, JJ., concur.

Ordered that the appeal and the cross appeal from the order are dismissed; and it is further,

Ordered that the judgment is modified, on the law, by deleting the provision thereof, in effect, dismissing the third cause of action; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, that branch of the defendant's motion which was pursuant to CPLR 3211(a) to dismiss the third cause of action is denied, the order is modified accordingly...

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