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SALITSKY v. D'ATTANASIO

Index No. 656458/21. Appeal No. 17647. Case No. 2022-03781.

214 A.D.3d 567 (2023)

186 N.Y.S.3d 173

2023 NY Slip Op 01597

Paul Salitsky, Appellant, v. Karen Miller D'Attanasio et al., Respondents.

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

Decided March 23, 2023.

Attorney(s) appearing for the Case

Ruskin Moscou Faltischek, P.C., Uniondale ( Lois Bladykas of counsel), for appellant.

Bressler, Amery & Ross, P.C., New York ( Jordan S. Weitberg of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, González, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Suzanne Adams, J.), entered August 22, 2022, which granted defendant Karen Miller D'Attanasio's motion to dismiss the complaint with prejudice, unanimously modified, on the law, to deny the motion as to the first (declaratory judgment), third (conversion), fourth (unjust enrichment), and sixth (undue influence) causes of action, and otherwise affirmed, without costs.

Plaintiff alleges that in December 2019, defendant used undue...

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