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LEIGHTON v. LOWENBERG

115379/08. Appeal No. 40. Case No. 2022-05440.

215 A.D.3d 474 (2023)

185 N.Y.S.3d 683

2023 NY Slip Op 01943

Patricia Leighton, Appellant, v. Marc Lowenberg, D.D.S., et al., Respondents.

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

Decided April 13, 2023.

Attorney(s) appearing for the Case

Andrew Molbert , New York, for appellant.

Martin Clearwater & Bell LLP, New York ( Barbara D. Goldberg of counsel), for respondents.

Concur—Renwick, A.P.J., Moulton, Shulman, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Debra James, J.), entered March 17, 2022, which denied plaintiff's motion to vacate an order, same court (Deborah A. Kaplan, J.), entered on or about August 21, 2018, which sua sponte transferred the action to the Civil Court of the City of New York pursuant to CPLR 325(d) and 22 NYCRR 202.13(a), unanimously affirmed, without costs.

Supreme Court did not abuse its discretion in denying plaintiff's motion, which, in effect, seeks...

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