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BERRY v. WALLERSTEIN

2021-03178. Index No. 500735/21.

219 A.D.3d 924 (2023)

2023 NY Slip Op 04440

Brian J. Berry, Respondent, v. Shmuel Wallerstein et al., Appellants.

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

Decided August 30, 2023.

Attorney(s) appearing for the Case

Tuttle Yick, LLP, New York, NY ( Peter C. Dee and Gregory O. Tuttle of counsel), for appellants.

Abrams Fensterman, LLP ( Robert A. Spolzino , Mark Goreczny , and Schwartz Sladkus Reich Greenberg Atlas, LLP, New York, NY [ Andrea J. Caruso ], of counsel), for respondent.

Iannacci, J.P., Chambers, Christopher and Wooten, JJ., concur.

In an action, inter alia, to impose a constructive trust on real property and to recover damages for breach of contract, the defendants appeal from an order of the Supreme Court, Kings County (Carolyn E. Wade, J.), dated April 13, 2021. The order denied the defendants' motion pursuant to CPLR 3211(a) to dismiss the causes of action to impose a constructive trust and for an accounting, and pursuant to CPLR 6501 and 6514 to cancel a notice of pendency.

Ordered that...

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