DASH WINDOWS OF L.I., INC. v. BIVONA

2021-05002. Index No. 613033/19.

216 A.D.3d 917 (2023)

190 N.Y.S.3d 387

2023 NY Slip Op 02645

Dash Windows of L.I., Inc., Appellant-Respondent, v. Ann Elizabeth Bivona, Respondent-Appellant.

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

Decided May 17, 2023.


Attorney(s) appearing for the Case

Silverberg P.C., Central Islip, NY ( Karl Silverberg of counsel), for appellant-respondent.

Sherri L. Kaplan , Commack, NY, for respondent-appellant.

Brathwaite Nelson, J.P., Zayas, Ford and Voutsinas, JJ., concur.


In an action to recover damages for conversion and unjust enrichment, the plaintiff appeals, and the defendant cross-appeals, from an order of the Supreme Court, Suffolk County (Joseph C. Pastoressa, J.), dated June 23, 2021. The order, insofar as appealed from, denied the plaintiff's motion for leave to renew its opposition to that branch of the defendant's prior motion which was pursuant to CPLR 3211(a)(7) to dismiss the demand for punitive damages, which had been granted...

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