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HAYDEN v. 334 DUNE RD., LLC

2018-09522. Index No. 14572/15.

196 A.D.3d 634 (2021)

2021 NY Slip Op 04481

Christopher Hayden, Appellant, v. 334 Dune Road, LLC, et al., Respondents.

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

Decided July 21, 2021.

Attorney(s) appearing for the Case

Bergman Bergman Fields & Lamonsoff, LLP, Hicksville, NY ( Michael E. Bergman and Julie T. Mark of counsel), for appellant.

Goldberg Segalla LLP, Garden City, NY ( Brendan T. Fitzpatrick , Jeffrey Migdalen , and William T. O'Connell of counsel), for respondents 334 Dune Road, LLC, and Darryl Romanoff.

Schondebare & Korcz, P.C., Bohemia, NY ( Amy B. Korcz of counsel), for respondents Donald Chaifetz, Nina Chaifetz, and Sheila Chaifetz 2012 Irrevocable Trust.

Chambers, J.P., Miller, Connolly and Wooten, JJ., concur.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the branch of the motion which was for leave to reargue is granted, the motion is otherwise denied, and, upon reargument, the decision and order of this Court dated November 25, 2020 (Hayden v 334 Dune Rd., LLC, 188 A.D.3d 1166 [2020]), is recalled and vacated, and the following decision and order is substituted therefor...

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