FOX v. GROSS

2020-00180, 2020-05643. Index No. 8572/16.

219 A.D.3d 584 (2023)

194 N.Y.S.3d 140

2023 NY Slip Op 04192

Fredrick G. Fox et al., Appellants, v. Thomas Gross et al., Respondents, et al., Defendant.

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

Decided August 9, 2023.


Attorney(s) appearing for the Case

Folkenflik & McGerity LLP, New York, NY ( Max Folkenflik of counsel), for appellants.

Sokoloff Stern LLP, Carle Place, NY ( Steven C. Stern and Cooper Binsky of counsel), for respondents Thomas Gross and Village of Head of the Harbor, and The Law Offices of Thomas M. Volz, PLLC, Nesconset, NY ( Joshua S. Shteierman of counsel), for respondent Village of Nissequogue (one brief filed).

Matthew V. Jakubowski , Town Attorney, Smithtown, NY ( Jennifer A. Juengst of counsel), for respondents Thomas Lohmann and Town of Smithtown.

Duffy, J.P., Maltese, Dowling and Warhit, JJ., concur.


In an action, inter alia, to recover damages for false arrest and false imprisonment, the plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (Joseph C. Pastoressa, J.), dated November 6, 2019, and (2) an order of the same court dated May 27, 2020. The order dated November 6, 2019, denied the plaintiffs' motion for leave to renew and reargue (1) their opposition to the separate motions of the defendants Thomas...

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