BILLIG v. SCHWARTZ

Index No. 159735/17. Appeal No. 453. Case No. 2023-01079.

217 A.D.3d 493 (2023)

191 N.Y.S.3d 369

2023 NY Slip Op 03192

Joseph Peleg Billig et al., Plaintiffs, v. Yisroel Schwartz, Also Known as Isroel Schwartz, et al., Defendants. Yisroel Schwartz et al., Third-Party Plaintiffs-Appellants, v. Fink & Zelmanovitz PC, et al., Third-Party Defendants-Respondents.

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

Decided June 13, 2023.


Attorney(s) appearing for the Case

Winget, Spadafora & Schwartzberg, LLP, New York ( Matthew Tracy of counsel), for appellants.

Abrams Garfinkel Margolis Bergson, LLP, New York ( Robert J. Bergson of counsel), for respondents.

Concur—Kapnick, J.P., Friedman, Gesmer, González, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about January 12, 2023, which granted third-party defendants' motion to dismiss the third-party complaint asserting common-law claims of indemnification and contribution, unanimously affirmed, with costs.

Initially, we note that the affirmation proffered by defendant Yisroel Schwartz in opposition to the motion to dismiss should have been disregarded since he is a party to this action (see...

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