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TUCKER v. SCHWARTZAPFEL LAWYERS, P.C.

2018-14611. Index Nos. 601645/13, 601646/13.

196 A.D.3d 527 (2021)

150 N.Y.S.3d 326

2021 NY Slip Op 04250

John Tucker, Appellant-Respondent, v. Schwartzapfel Lawyers, P.C., et al., Defendants. Greenberg & Wilner, LLP, Nonparty Respondent-Appellant. (Action No. 1.). Richard Sabatino, Appellant-Respondent, v. Schwartzapfel Lawyers, P.C., et al., Defendants. Greenberg & Wilner, LLP, Nonparty Respondent-Appellant. (Action No. 2.).

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

Decided July 7, 2021.

Attorney(s) appearing for the Case

Kaplan Layers P.C., Syosset, NY ( Adam N. Lepzelter and Lisa Gioia Fallah , of counsel) for appellants-respondents in Action Nos. 1 and 2.

Greenberg & Wilner, LLP, New York, NY ( Harvey L. Greenberg , of counsel) for nonparty-respondent-appellant.

Rivera, J.P., Hinds-Radix, Duffy and Christopher, JJ., concur.

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

Ordered that the order is reversed insofar as cross-appealed from, on the facts and in the exercise of discretion, and that branch of the cross motion of nonparty Greenberg & Wilner, LLP, which was for an award in the amount it expended for disbursements representing the plaintiffs is granted; and it is further,

Ordered that one...

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