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ISALY v. GARDE

Index No. 160699/18. Appeal No. 336-337. Case Nos. 2022-03687, 2022-05657.

216 A.D.3d 594 (2023)

190 N.Y.S.3d 321

2023 NY Slip Op 02847

Samuel D. Isaly, Appellant, v. Damian Garde et al., Respondents.

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

Decided May 30, 2023.

Attorney(s) appearing for the Case

Carter Ledyard & Milburn LLP, New York ( Alan S. Lewis of counsel), for appellant.

Morgan, Lewis & Bockius LLP, New York ( Kenneth I Schacter of counsel), and Morgan, Lewis & Bockius LLP, Boston, MA ( Jonathan M. Albano , of the bar of the State of Massachusetts, admitted pro hac vice, of counsel), for Damian Garde, respondent.

Concur—Kern, J.P., Friedman, Kennedy, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (James E. d'Auguste, J.), entered on or about December 6, 2022, which, to the extent appealed from, granted plaintiff's motion to reargue, and upon reargument, adhered to its prior determination granting defendant Damian Garde's motion to dismiss the complaint as against him for failure to state a cause of action and denied plaintiff's motion to amend the complaint, unanimously affirmed, with...

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