NEWBURGH COMMERCIAL DEV. CORP. v. CAPPELLETTI

2020-04188 Index No. 8749/19.

216 A.D.3d 975 (2023)

187 N.Y.S.3d 802

2023 NY Slip Op 02668

Newburgh Commercial Development Corp. et al., Appellants, v. Vincent Cappelletti, Respondent.

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

Decided May 17, 2023.


Attorney(s) appearing for the Case

Wichler & Gobetz, P.C., Suffern, NY ( Kenneth C. Gobetz of counsel), for appellants Newburgh Commercial Development Corp., Real Holding Corp., Real Management Corp., NY, Victor Cappelletti, Christine Cappelletti, Caitlyn Ryan, and William Cappelletti.

Lazar & Schwartz, Hopewell Junction, NY ( Brett E. Jones of counsel), for appellant Jeanmarie Cappelletti.

Duffy, J.P., Christopher, Zayas and Wan, JJ., concur.


In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Orange County (Sandra B. Sciortino, J.), dated April 15, 2020. The order denied the plaintiffs' cross-motion for summary judgment for a declaratory judgment in their favor and granted the defendant's motion for summary judgment on his counterclaims and dismissing the complaint.

Ordered that the appeal is dismissed, without costs or disbursements...

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