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ROSENSHEIN v. KUSHNER

2020-03642. Index No. 1715/17.

212 A.D.3d 744 (2023)

183 N.Y.S.3d 118

2023 NY Slip Op 00225

Arnold Rosenshein et al., Respondents, v. David Kushner et al., Defendants, and Jeffrey Meshel et al., Appellants.

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

Decided January 18, 2023.

Attorney(s) appearing for the Case

Winslett Studnicky McCormick & Bomser LLP, New York, NY ( Usher Winslett of counsel), for appellant Jeffrey Meshel.

Mantel McDonough Riso, LLP, New York, NY ( Gerald A. Riso of counsel), for appellant Wayne Sturman.

Dillon, J.P., Brathwaite Nelson, Miller and Maltese, JJ., concur.

In a putative class action, inter alia, to recover damages for breach of contract, the defendants Jeffrey Meshel and Wayne Sturman separately appeal from an order of the Supreme Court, Nassau County (James P. McCormack, J.), dated January 31, 2020. The order, insofar as appealed from, denied those branches of those defendants' separate motions which were pursuant to CPLR 3211(a)(5) and (7) to dismiss the first, second, and eighth causes of action insofar as asserted against...

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