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SITT v. SITT

Index No. 653579/14. Appeal No. 14728. Case No. 2020-04275.

200 A.D.3d 440 (2021)

154 N.Y.S.3d 768

2021 NY Slip Op 06785

Jack Sitt, Individually and on Behalf of Sitt Asset Management, LLC, et al., Appellant, v. Ralph Sitt et al., Respondents, et al., Defendants.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Law Offices of Robert M. Kaplan, White Plains ( Robert M. Kaplan of counsel), for appellant.

Meister Selig Fein LLP, New York ( Stacey M. Ashby of counsel), for respondents.

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.

Plaintiff expressly abandoned the claims at issue, on the record, in open court, and in a submission required by the court in the on-going motion practice. As such, his claims are unreviewable (see People v Caldwell, 245 A.D.2d 89 [1st Dept 1997]).

Nor did the court impermissibly search the record on a CPLR 3211 motion. The motion had been converted to one for summary judgment...

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