STANGO v. BYRNES

2018-04392. Index No. 707656/15.

200 A.D.3d 821 (2021)

158 N.Y.S.3d 221

2021 NY Slip Op 06877

Leonard Stango, Appellant, v. Karen Byrnes, Respondent.

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

Decided December 8, 2021.


Attorney(s) appearing for the Case

Silbowitz Garafola Silbowitz Schatz & Frederick, LLP, New York, NY ( Howard Schatz of counsel), for appellant.

Karen L. Lawrence (Sweetbaum, & Sweetbaum, Lake Success, NY [ Joel A. Sweetbaum ], of counsel), for respondent.

Chambers, J.P., Barros, Wooten and Dowling, JJ., concur.


Ordered that the order entered March 8, 2018, is reversed, on the law, on the facts, and in the exercise of discretion, with costs, the plaintiff's motion, in effect, pursuant to CPLR 5015(a) to vacate the order entered February 2, 2017, and thereupon to deny the defendant's motion for summary judgment dismissing the complaint is granted, the order entered February 2, 2017, is vacated, and the defendant's motion for summary judgment dismissing the complaint is denied.

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