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MacKAY v. PALIOTTA

2020-04070. Index No. 34812/13.

196 A.D.3d 552 (2021)

2021 NY Slip Op 04348

Ian MacKay, Appellant-Respondent, v. Chad Paliotta et al., Respondents-Appellants.

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

Decided July 14, 2021.

Attorney(s) appearing for the Case

Feerick Nugent MacCartney PLLC, South Nyack, NY ( Donald J. Feerick, Jr. , Patrick A. Knowles , and Patrick J. McGorman of counsel), for appellant-respondent.

Keane & Bernheimer, PLLC, Valhalla, NY ( Jason M. Bernheimer and Christopher Alan Abel , pro hac vice, of counsel), for respondent-appellant Chad Paliotta.

Baxter Smith & Shapiro, P.C., Hicksville, NY ( Arthur J. Smith and Sim R. Shapiro of counsel), for respondents-appellants Audrey Schneider and Joellen Putter for Maffei Family Trust, doing business as Tappan Zee Marina.

Mastro, J.P., Duffy, Brathwaite Nelson and Genovesi, JJ., concur.

Ordered that the cross appeal by the defendants Audrey Schneider and Joellen Putter for Maffei Family Trust, doing business as Tappan Zee Marina, from so much of the order as denied that branch of the plaintiff's motion which was for summary judgment on the issue of liability against them is dismissed, as those defendants are not aggrieved by that portion of the order (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144 [2010...

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