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NASSAU OPERATING CO., LLC v. DESIMONE

2021-00243, Index No. 606237/19.

206 A.D.3d 920 (2022)

171 N.Y.S.3d 528

2022 NY Slip Op 04029

Nassau Operating Co., LLC, Respondent, v. Sabrina DeSimone, Appellant.

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

Decided June 22, 2022.

Attorney(s) appearing for the Case

McAndrew, Conboy & Prisco, LLP, Melville, NY ( Michael J. Prisco of counsel), for appellant.

Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP, White Plains, NY ( Robert A. Spolzino and David A. House of counsel), for respondent.

Duffy, J.P., Iannacci, Miller and Zayas, JJ., concur.

Ordered that the order entered December 21, 2020, is reversed, on the law and in the exercise of discretion, with costs, those branches of the defendant's motion which were to vacate the judgment dated July 8, 2020, and, thereupon, pursuant to CPLR 5015(d) for restitution of funds seized from the defendant's bank account, and pursuant to CPLR 3211(a) to dismiss the complaint, are granted, the judgment dated July 8, 2020, and the order entered June 16, 2020, are vacated, and...

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