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PEREZ v. TEDESCO

2019-14186. Index No. 63193/13.

214 A.D.3d 1010 (2023)

186 N.Y.S.3d 666

2023 NY Slip Op 01697

Albert Perez, Plaintiff/Third-Party Defendant-Appellant, v. Vincent Tedesco et al., Respondents, and Total Computer Software, LLC, Defendant/Third-Party Plaintiff-Respondent, et al., Defendant.

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

Decided March 29, 2023.

Attorney(s) appearing for the Case

Goldberg & McEnaney, LLC, Port Washington, NY ( Timothy McEnaney of counsel), for plaintiff third-party defendant-appellant.

Polsinelli, P.C., New York, NY ( Jason S. Samuels and Aaron E. Zerykier of counsel), for defendants-respondents and defendant third-party plaintiff-respondent.

Connolly, J.P., Iannacci, Miller and Ford, JJ., concur.

In an action, inter alia, to recover damages for breach of contract, the plaintiff/third-party defendant appeals from an order of the Supreme Court, Suffolk County (Jerry Garguilo, J.), dated November 8, 2019. The order denied the motion of the plaintiff/third-party defendant pursuant to CPLR 3104(d) to review and vacate an order of the same court (Theodore Sklar, Ct. Atty. Ref.) dated August 5, 2019, granting the prior motion of the plaintiff/third-party defendant pursuant...

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