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PINNACLE CAPITAL, LLC v. O'BLEANIS

2020-05595. Index No. 718426/19.

214 A.D.3d 913 (2023)

187 N.Y.S.3d 51

2023 NY Slip Op 01540

Pinnacle Capital, LLC, Respondent, v. Nathaniel O'Bleanis et al., Individually and as Co-Trustees of the Devin A. O'Bleanis Trust, Appellants.

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

Decided March 22, 2023.

Attorney(s) appearing for the Case

Steven G. Legum , Mineola, NY ( Gina Biasi of counsel), for appellants.

Fox Rothschild, LLP, New York, NY ( Matthew J. Schenker of counsel), for respondent.

Chambers, J.P., Wooten, Zayas and Wan, JJ., concur.

In an action, inter alia, to recover damages for conversion, the defendants appeal from an order of the Supreme Court, Queens County (Phillip Hom, J.), entered July 16, 2020. The order, insofar as appealed from, denied the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint is granted.<...

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