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MERLINO v. KNUDSON

2020-07327. Index No. 151512/19.

214 A.D.3d 642 (2023)

184 N.Y.S.3d 820

2023 NY Slip Op 01084

Ann Merlino et al., Appellants, v. Leonore Knudson et al., Respondents.

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

Decided March 1, 2023.

Attorney(s) appearing for the Case

Leavitt Kerson & Sehati, Forest Hills, NY ( Paul E. Kerson of counsel), for appellants.

Milber Makris Plousadis & Seiden, LLP, Woodbury, NY ( Sarah M. Ziolkowski of counsel), for respondents Integrity Service, Inc., and Claudette Duff.

Sgarlato & Sgarlato, Staten Island, NY ( Michael D. Fitzgerald of counsel), for respondents Leonore Knudson, Viola Houston, John Knudson, Kenneth Knudson, and Elisa Iannacone.

Nixon Peabody LLP, Buffalo, NY ( Tracey B. Scarpello of counsel), for respondent Home Instead, Inc., and William P. Perniciaro, Staten Island, NY, for respondent Care for Seniors, LLC (one brief filed).

Iannacci, J.P., Miller, Dowling and Voutsinas, JJ. concur.

In an action to recover damages for conversion, the plaintiffs appeal from an order of the Supreme Court, Richmond County (Wayne M. Ozzi, J.), dated September 18, 2020. The order, insofar as appealed from, (1) granted that branch of the motion of the defendants Home Instead, Inc., and Care for Seniors, LLC, which was for summary judgment dismissing the amended complaint insofar as asserted against them, (2) granted those branches of the separate motions of the defendants...

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