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OPPEDISANO v. D'AGOSTINO

2018-06901. Index No. 3277/16.

196 A.D.3d 500 (2021)

146 N.Y.S.3d 829

2021 NY Slip Op 04234

Maurizio Oppedisano et al., Appellants, v. Heather D'Agostino et al., Defendants, and Anthony D'Agostino et al., Respondents.

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

Decided July 7, 2021.

Attorney(s) appearing for the Case

Jack Angelou , Mineola, NY, for appellants.

Moritt Hock & Hamroff LLP, Garden City, NY ( Michael Cardello III and Julia Gavrilov of counsel), for respondent Anthony D'Agostino.

Barnes & Barnes, P.C., Melville, NY ( Leo K. Barnes, Jr. , and Ryan J. McMahon of counsel), for respondent Marie Borque.

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

Ordered that the appeal is dismissed as academic, without costs or disbursements.

As is relevant to the appeal, in 2016, the plaintiffs commenced this action against, among others, the defendants JPMorgan Chase Bank, N.A., sued herein as JP Morgan Chase Bank (hereinafter Chase), Marie Borque, and Anthony D'Agostino to recover damages, among other things, for fraud, misrepresentation, and conversion. Chase moved pursuant to CPLR 3211(a)(1), (5) and (7) to dismiss the...

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