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KINACH v. TOPS MKT.

684 CA 21-01467.

209 A.D.3d 1274 (2022)

174 N.Y.S.3d 913

2022 NY Slip Op 05632

Pauline Kinach, as Executor of the Estate of Paul Kinach, Deceased, Appellant, v. Tops Market et al., Respondents.

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

Decided October 7, 2022.

Attorney(s) appearing for the Case

RALPH W. FUSCO , UTICA, FOR PLAINTIFF-APPELLANT.

NASH CONNORS, P.C., BUFFALO ( JAMES J. NASH OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.

Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), dated September 30, 2021. The order denied plaintiff's motion in limine and plaintiff's request to disqualify defense counsel.

It is hereby ordered that said appeal from the order insofar as it denied those parts of the motion seeking to preclude defendant Bathcanpul, LLC from submitting the lease into evidence at trial and to preclude that defendant from asserting at

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