GRAND LODGE OF THE IND. ORDER OF ODD FELLOWS OF THE STATE OF N.Y. v. RUTIGLIANO

2020-02183. Index No. 4568/17.

199 A.D.3d 989 (2021)

154 N.Y.S.3d 794

2021 NY Slip Op 06607

Grand Lodge of the Independent Order of Odd Fellows of the State of New York, Appellant, v. Janet M. Rutigliano et al., Respondents.

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

Decided November 24, 2021.


Attorney(s) appearing for the Case

Havens Law Firm, Warwick, NY ( Jeremy L. Havens of counsel), for appellant.

Jacobowitz & Gubits, LLP, Walden, NY ( Kara J. Cavallo of counsel), for respondents.

Rivera, J.P., Brathwaite Nelson, Iannacci and Ford, JJ., concur.


Ordered that the order dated November 14, 2019, is affirmed insofar as appealed from, with costs.

In June 2017, the plaintiff commenced the instant action to recover damages against various defendants, whom the plaintiff alleged converted certain funds and assets from the plaintiff and failed to turn over books and records of the plaintiff.

On or about April 10, 2019, the plaintiff was granted leave to serve a second amended complaint, denominated as a "supplemental...

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