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CHESTER GREEN ESTATES, LLC v. ARLINGTON CHESTER, LLC

2019-02015. Index No. 7025/18.

211 A.D.3d 801 (2022)

181 N.Y.S.3d 572

2022 NY Slip Op 07051

Chester Green Estates, LLC, Appellant, v. Arlington Chester, LLC, Defendant, and Wilbur Fried et al., Respondents.

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

Decided December 14, 2022.

Attorney(s) appearing for the Case

Cohen, LaBarbera & Landrigan, LLP, Chester, NY ( Thomas C. Landrigan and Kyle A. Seiss of counsel), for appellant.

MacVean, Lewis, Sherwin & McDermott, P.C., Middletown, NY ( Kevin F. Preston of counsel), for respondent Wilbur Fried and defendant Arlington Chester, LLC.

Goldberg Segalla, LLP, Buffalo, NY ( Marc W. Brown of counsel), for respondent Pilgrim Chester Lender, LLC.

Sive Paget & Riesel P.C., New York, NY ( Steven Barshov of counsel), for respondent Greens at Chester, LLC.

Barros, J.P., Chambers, Miller and Zayas, JJ., concur.

In an action, inter alia, for a judgment declaring that the conveyance of certain real property to the defendant Greens at Chester, LLC, is null and void, the plaintiff appeals from an order of the Supreme Court, Orange County (Sandra B. Sciortino, J.), dated January 15, 2019. The order, insofar as appealed from, (1) granted the motion of the defendant Wilbur Fried pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against him, (2) granted the motion...

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