RIZZO v. PROGRESSIVE CAPITAL SOLUTIONS, LLC

Index No. 650498/11. Appeal No. 33. Case No. 2022-02170.

215 A.D.3d 477 (2023)

187 N.Y.S.3d 605

2023 NY Slip Op 01948

Nicholas P. Rizzo, Appellant, v. Progressive Capital Solutions, LLC, Defendant, and Gene Weiss, Respondent.

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

Decided April 13, 2023.


Attorney(s) appearing for the Case

Bakal Law PLLC, White Plains ( Todd A. Bakal of counsel), for appellant.

Law office of Steven C. Pepperman, New York ( Steven C. Pepperman of counsel), for respondent.

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


Order, Supreme Court, New York County (Andrea Masley, J.), entered April 7, 2022, which granted defendant Gene Weiss's motion for, in effect, reargument of his motion to dismiss the action and, upon reargument, granted the motion, unanimously reversed, on the law, with costs, and the action reinstated.

In February 2011, plaintiff commenced this action by summons and motion for summary judgment in lieu of a complaint, pursuant to CPLR 3213, seeking to recover from...

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