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GUOBA v. SPORTSMAN PROPS., INC.

2017-11859. Index No. 2936/10.

200 A.D.3d 658 (2021)

159 N.Y.S.3d 449

2021 NY Slip Op 06677

Pius R. Guoba, Jr., et al., Appellants, v. Sportsman Properties, Inc., et al., Respondents, et al., Defendants.

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

Decided December 1, 2021.

Attorney(s) appearing for the Case

Frederick K. Brewington (Bergstein & Ullrich, LLP, New Paltz, NY [ Stephen Bergstein ], of counsel), for appellants.

Rosenberg Calica & Birney LLP, Garden City, NY ( William J. Birney of counsel), for respondents Sportsman Properties, Inc., Property Management, Inc., and Suzanne Richter, as executrix of the estate of Barry Richter, deceased.

Frankini & Harms, Garden City, NY ( James R. Pieret of counsel), for respondent Doreen Pizzicorala, as administrator of the estate of Frank Pizzicorala, deceased.

Mastro, J.P., Miller, Connolly and Genovesi, JJ., concur.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants Sportsman Properties Inc., Property Management, Inc., and Suzanne Richter, as executrix of the estate of Barry Richter, deceased, which was for summary judgment dismissing the sixth cause of action insofar as asserted against the defendant Sportsman Properties, Inc., and substituting therefor a provision denying that branch of the motion;...

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