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ELLENBOGEN v. MITRESKI

Index No. 159342/20 Appeal No. 17320 Case No. 2021-03526.

212 A.D.3d 574 (2023)

180 N.Y.S.3d 903

2023 NY Slip Op 00392

Michael Ellenbogen, Appellant, v. Melissa Mitreski, Respondent.

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

Decided January 31, 2023.

Attorney(s) appearing for the Case

Benjamin Katz P.C., New York ( Benjamin Katz of counsel), for appellant.

Melissa Mitreski, respondent pro se.

Concur—Manzanet-Daniels, J.P., Kapnick, Kern, Singh, Scarpulla, JJ.

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered August 10, 2021, which denied plaintiff's motion for an order of seizure, preliminary injunction, and temporary restraining order pursuant to CPLR 7102 and 7109, unanimously affirmed, without costs.

The motion court applied the proper standard in denying plaintiff's motion by considering the "best interest for all concerned" and finding that the parties jointly acquired the dog in 2009, but, considering...

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