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HAYES v. MARTINEZ

Index No. 158632/17. Appeal No. 230. Case No. 2022-01490.

216 A.D.3d 488 (2023)

189 N.Y.S.3d 123

2023 NY Slip Op 02587

Donna Hayes, Respondent, v. Ululy Rafael Martinez, Esq., Appellant, et al., Defendant.

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

Decided May 11, 2023.

Attorney(s) appearing for the Case

K&L Gates LLP, New York ( George P. Barbatsuly of counsel), for appellant.

Stephen Bilkis & Associates, PLLC, Garden City ( Scott L. Steinberg , of counsel), for respondent.

Concur—Oing, J.P., Singh, Kennedy, Scarpulla, JJ.

Order, Supreme Court, New York County (Gerard Lebovits, J.), entered September 28, 2021, which, to the extent appealed from as limited by the briefs, denied defendant Ululy Rafael Martinez's motion for summary judgment dismissing the causes of action for fraud, conversion, breach of contract, and unjust enrichment as against him, unanimously modified, on the law, without costs, to dismiss the causes of action for fraud and breach of contract and to dismiss the cause of action...

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