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WHELAN v. BUSIELLO

2022-07270. Index No. 624896/19.

219 A.D.3d 778 (2023)

195 N.Y.S.3d 87

2023 NY Slip Op 04334

David J. Whelan et al., Appellants, v. John Busiello, Respondent. Patricia Weiss, Nonparty Appellant.

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

Decided August 16, 2023.

Attorney(s) appearing for the Case

Patricia Weiss, Sag Harbor, NY, nonparty-appellant pro se and for appellants.

LaVelle Law & Associates, P.C., Patchogue, NY ( William T. LaVelle of counsel), for respondent.

Brathwaite Nelson, J.P., Genovesi, Warhit and Voutsinas, JJ., concur.

In an action, inter alia, to recover damages for private nuisance, the plaintiffs and nonparty Patricia Weiss appeal from an order of the Supreme Court, Suffolk County (James Hudson, J.), dated August 8, 2022. The order, insofar as appealed from, granted those branches of the defendant's motion which were to vacate a notice of pendency dated March 18, 2022, for an award of costs and expenses pursuant to CPLR 6514(c), and to impose a sanction upon nonparty Patricia Weiss pursuant...

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