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ANDREWS v. WARTBURG RECEIVER, LLC

2019-11512. Index No. 507884/16.

203 A.D.3d 1000 (2022)

162 N.Y.S.3d 744

2022 NY Slip Op 01980

Doris Gadsden Andrews, Appellant, v. Wartburg Receiver, LLC, et al., Respondents, et al., Defendants. (And a Third-Party Action.).

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

Decided March 23, 2022.

Attorney(s) appearing for the Case

Doolan Platt & Setareh, LLP, Irvington, NY ( Jill B. Savedoff , and Jason Platt of counsel), for appellant.

Kaufman Borgeest & Ryan LLP, Valhalla, NY ( David Bloom of counsel), for respondents.

Connolly, J.P., Christopher, Zayas and Genovesi, JJ., concur.

Ordered that the order dated September 12, 2019, is reversed, on the law, the facts, and in the exercise of discretion, with costs, and that branch of the motion of the defendants Wartburg Receiver, LLC, and Bushwick Center for Rehabilitation and Health Care which was to vacate the order dated March 24, 2017, is denied.

In May 2016, the plaintiff commenced this action against, among others, the defendants Wartburg Receiver...

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