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PINKESZ MUT. HOLDINGS, LLC v. PINKESZ

2017-03981. Index No. 507958/13.

198 A.D.3d 692 (2021)

152 N.Y.S.3d 340

2021 NY Slip Op 05358

Pinkesz Mutual Holdings, LLC, Appellant, v. Edward Pinkesz et al., Respondents, et al., Defendants.

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

Decided October 6, 2021.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus LLP, Albertson, NY ( Susan Mauro of counsel), for appellant.

Jerome E. Goldman, Esq., P.C., Brooklyn, NY, for respondent

Anthony Pinkesz , and Law Office of Susie Chovev, Esq., PLLC, Cedarhurst, NY (Law Offices of Victor Worms, P.C., of counsel), for respondent Edward Pinkesz (one brief filed).

Chambers, J.P., Brathwaite Nelson, Christopher and Zayas, JJ., concur.

Ordered that the order is affirmed, with costs.

In 2013, the plaintiff commenced this action, inter alia, to recover damages for breach of contract, fraud, and breach of fiduciary duty, and for related equitable relief. After extensive pre-answer motion practice, discovery-related disputes, requests for sanctions, and the joinder of issue by one of the defendants, the plaintiff filed a notice of discontinuance pursuant to CPLR 3217(a)(1) on November 30, 2016. The...

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