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CRETARO v. HUNTINGTON

874 CA 21-00019.

203 A.D.3d 1696 (2022)

166 N.Y.S.3d 80

2022 NY Slip Op 01935

Mateo Thomas Cretaro, Appellant, v. Sally Huntington et al., Respondents.

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

Decided March 18, 2022.

Attorney(s) appearing for the Case

CERIO LAW OFFICES, SYRACUSE ( DAVID HERKALA OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BRADLEY E. KEEM , SYRACUSE, FOR DEFENDANTS-RESPONDENTS.

Present—Centra, J.P., Peradotto, Lindley, NeMoyer and Curran, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the second cause of action, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking, inter alia, the return of personal property allegedly owned by him or damages for the value of that property. Defendants moved for summary judgment dismissing...

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