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DECOLLIBUS v. SCHIMMEL

Index No. 160127/19 Appeal No. 17180-17181 Case Nos. 2022-2967, 2022-03924.

212 A.D.3d 555 (2023)

182 N.Y.S.3d 88

2023 NY Slip Op 00372

Joan DeCollibus, Appellant, v. Barry Schimmel, Respondent.

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

Decided January 26, 2023.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Jillian Rosen , of counsel), for appellant.

Devitt Spellman Barrett, LLP, Smithtown ( Scott Kreppein of counsel), for respondent.

Concur—Friedman, J.P., Moulton, Kennedy, Pitt-Burke, JJ.

Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about January 20, 2022, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered August 11, 2022, which denied plaintiff's motion for leave to reargue, unanimously dismissed, without costs, as taken from a nonappealable paper.

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