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LAVINE v. GLAVIN

564 CA 22-01764.

219 A.D.3d 1165 (2023)

194 N.Y.S.3d 403

2023 NY Slip Op 04290

Gary J. Lavine, Respondent-Appellant, v. Rita M. Glavin, Appellant-Respondent.

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

Decided August 11, 2023.

Attorney(s) appearing for the Case

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE ( STEVEN W. WILLIAMS OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

GARY J. LAVINE, PLAINTIFF-RESPONDENT-APPELLANT PRO SE.

Present—Whalen, P.J., Peradotto, Lindley, Ogden and Greenwood, JJ.

Appeal and cross-appeal from an order of the Supreme Court, Onondaga County (Gerard J. Neri, J.), entered November 4, 2022. The order denied the motion of plaintiff to dismiss defendant's counterclaim and denied the motion of defendant to dismiss the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion of defendant insofar as it sought to dismiss the complaint pursuant to CPLR 3211(a)(7) and (g)...

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