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TOOBIAN v. TOOBIAN

2020-00630. Index No. 610236/18.

209 A.D.3d 907 (2022)

177 N.Y.S.3d 124

2022 NY Slip Op 05880

Pejman Toobian, Respondent-Appellant, v. Payam Toobian et al., Appellants-Respondents.

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

Decided October 19, 2022.

Attorney(s) appearing for the Case

Ginsburg & Misk, LLP, Queens Village, NY ( Christopher Ryan Clarke of counsel), for appellants-respondents.

Lynne Gartner Dunne, LLP, Mineola, NY ( Robert P. Lynn, Jr. , Kenneth L. Gartner , and Tiffany D. Frigenti of counsel), for respondent-appellant.

Brathwaite Nelson, J.P., Miller, Zayas and Dowling, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the defendants appeal, and the plaintiff cross-appeals, from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), dated December 17, 2019. The order, insofar as appealed from, granted that branch of the plaintiff's motion which was for leave to renew his prior motion for summary judgment dismissing the defendants' eighth affirmative defense and pursuant to CPLR 3211(a) to dismiss the defendants...

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