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RECINE v. RECINE

2018-02492. Index No. 605495/17.

201 A.D.3d 827 (2022)

161 N.Y.S.3d 307

2022 NY Slip Op 00324

John Recine, Respondent, v. Luciano Recine et al., Appellants, et al., Defendants.

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

Decided January 19, 2022.

Attorney(s) appearing for the Case

Fiscella & Associates, P.C., Garden City, NY ( James B. Fiscella of counsel), for appellants.

Farley & Kessler, P.C., Jericho, NY ( Richard L. Farley , Susan R. Nudelman , and Zara Watkins of counsel), for respondent.

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

Ordered that the appeal by the defendant Recine Properties, LLC, is dismissed, as it is not aggrieved by the portion of the order appealed from (see CPLR 5511; Mixon v TBV, Inc., 76 A.D.3d 144, 156-157 [2010]); and it is further,

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiff's motion which was to preliminarily enjoin the defendants Luciano Recine...

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