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FRACCOLA v. 1ST CHOICE REALTY, INC.

456 CA 21-01807.

206 A.D.3d 1649 (2022)

167 N.Y.S.3d 870

2022 NY Slip Op 03643

Albert G. Fraccola, Jr., Appellant, v. 1st Choice Realty, Inc., Defendants, and Getnick, Livingston, Atkinson, Gigliotti and Priore, LLP, et al., Respondents.

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

Decided June 3, 2022.

Attorney(s) appearing for the Case

ALBERT G. FRACCOLA, JR., PLAINTIFF-APPELLANT PRO SE.

GETNICK LIVINGSTON ATKINSON & PRIORE, LLP, UTICA ( PATRICK G. RADEL OF COUNSEL), FOR DEFENDANT-RESPONDENT GETNICK, LIVINGSTON, ATKINSON, GIGLIOTTI AND PRIORE, LLP.

PETER M. HOBAICA, LLC, UTICA ( PETER M. HOBAICA OF COUNSEL), FOR DEFENDANT-RESPONDENT THE ESTATE OF PHYLLIS FRACCOLA, ALSO KNOWN AS PHYLLIS S. FRACCOLA, DECEASED.

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

It is hereby ordered that the order so appealed from is unanimously affirmed with costs.

Memorandum: Plaintiff commenced this action individually and on behalf of others asserting various causes of action stemming from allegedly fraudulent deeds transferring property of defendant 1st Choice Realty, Inc. (1st Choice), of which plaintiff owned shares, to Phyllis Fraccola (decedent...

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