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BCVAWCH-DOE v. ROMAN CATHOLIC ARCHDIOCESE OF N.Y.

2020-07022. Westchester County Index No. 69676/19.

200 A.D.3d 744 (2021)

157 N.Y.S.3d 309

2021 NY Slip Op 06829

BCVAWCH-Doe, Respondent, v. Roman Catholic Archdiocese of New York, Appellant, et al., Defendants.

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

Decided December 8, 2021.

Attorney(s) appearing for the Case

Rivkin Radler, LLP, Uniondale, NY ( Frank Raia and Cheryl F. Korman of counsel), for appellant.

Grant & Eisenhofer, P.A., New York, NY ( Barbara J. Hart , Irene R. Lax , and Samantha L. Breitner of counsel), for respondent.

Dillon, J.P., Christopher, Wooten and Zayas, JJ., concur.

Motion by the plaintiff, inter alia, to dismiss the appeal on the ground that no appeal lies as of right from an order that refuses to strike scandalous or prejudicial matter from a pleading (see CPLR 5701[b][3]), and leave to appeal has not been granted. Cross motion by the defendant Roman Catholic Archdiocese of New York for leave to appeal from the order dated August 20, 2020. By decision and order on motion of this Court dated June 30, 2021, that branch of the...

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