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ZIEGLER v. O'NEILL

2019-06158. Index No. 54179/16.

197 A.D.3d 1135 (2021)

150 N.Y.S.3d 607

2021 NY Slip Op 04926

William R. Ziegler, Respondent, v. Thomas H. O'Neill, Jr., Appellant.

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

Decided September 1, 2021.

Attorney(s) appearing for the Case

Barclay Damon LLP, Buffalo, NY ( Randolph C. Oppenheimer and Sarah A. O'Brien of counsel), for appellant.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, Lake Success, NY ( Seth L. Berman of counsel), for respondent.

Dillon, J.P., Connolly, Iannacci and Christopher, JJ., concur.

Ordered that the appeal is dismissed, with costs.

The defendant's appeal from so much of the order as denied his request, made in his memorandum of law in opposition to the plaintiff's motion for summary judgment, that the Supreme Court search the record pursuant to CPLR 3212(b) and award him summary judgment dismissing the complaint is dismissed, as no appeal lies as of right from an order which does not determine a motion...

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