ARDENT HARMONY FUND, INC. v. FUSCHETTO HOME IMPROVEMENTS, LLC

2019-01699. Index No. 606169/18.

201 A.D.3d 686 (2022)

156 N.Y.S.3d 870

2022 NY Slip Op 00158

Ardent Harmony Fund, Inc., et al., Appellants, v. Fuschetto Home Improvements, LLC, et al., Respondents, et al., Defendant.

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

Decided January 12, 2022.


Attorney(s) appearing for the Case

Reed Smith LLP, New York, NY ( Casey D. Laffey , Nana Boyer [Japaridze] , and Melissa A. Brown of counsel), for appellants.

McCarthy & Carbone, P.C., Hauppauge, NY ( Patrick C. McCarthy of counsel), for respondent Fuschetto Home Improvements, LLC.

LaMonica Herbst & Maniscalco, LLP, Wantagh, NY ( Joseph S. Maniscalco of counsel), for respondent S.K. Complete Landscaping, Inc.

Iannacci, J.P., Chambers, Miller and Ford, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and the cross motion of the defendant Fuschetto Home Improvements, LLC, and the separate motion of the defendant S.K. Complete Landscaping, Inc., for summary judgment dismissing the complaint insofar as asserted against each of them are denied.

The plaintiffs are judgment creditors of nonparties Donald Barrick and Nancy Barrick...

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