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TAGLIONI v. GARCIA

Index. No. 306925/17. Appeal No. 14299. Case Nos. 2021-01914, 2021-01915.

200 A.D.3d 44 (2021)

2021 NY Slip Op 05936

GIAMBATTISTA TAGLIONI, Respondent, v. MARIA CHICA GARCIA, Appellant.

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

Decided October 28, 2021.

Attorney(s) appearing for the Case

Mantel McDonough Riso, LLP, New York City ( Kevin M. McDonough of counsel), for appellant.

Rabin Schumann and Partners LLP, New York City ( Gretchen Beall Schumann and Laura T. Hedge of counsel), for respondent.

SINGH and MENDEZ, JJ., concur with RODRIGUEZ, J.; WEBBER, J.P., dissents in part in an opinion in which SCARPULLA, J., concurs.

OPINION OF THE COURT

At issue on this appeal is whether the parties consented to the pendente lite sale of their jointly owned marital home, a townhouse located in Manhattan. There were preliminary discussions with Supreme Court at the January 28, 2021 and March 30, 2021 conferences to sell the townhouse for $6 million. However...

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