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AMBROISE v. PALMANA REALTY CORP.

2019-08795, 2019-11147. Index No. 518775/18.

197 A.D.3d 1226 (2021)

153 N.Y.S.3d 572

2021 NY Slip Op 05018

Paul Ambroise, Appellant, v. Palmana Realty Corp., Respondent.

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

Decided September 22, 2021.

Attorney(s) appearing for the Case

Anderson, Bowman & Zalewski, PLLC, Kew Gardens, NY ( Matthew J. Routh of counsel), for appellant.

Friedland Law LLC ( Norman A. Olch , New York, NY, of counsel), for respondent.

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

Ordered that on the Court's own motion, the notice of appeal from so much of the order dated July 19, 2019, as, sua sponte, directed the dismissal of the complaint pursuant to CPLR 3126 is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal is granted (see CPLR 5701[c]); and it is further,

Ordered that the order dated July 19, 2019, is reversed insofar as appealed from, on the law, on the facts, and in the exercise...

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