BELLO v. WERNER

2021-07060. Index No. 2954/07.

220 A.D.3d 692 (2023)

197 N.Y.S.3d 808

2023 NY Slip Op 04989

Michael Bello, Plaintiff, v. Wesley Werner, Appellant.

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

Decided October 4, 2023.


Attorney(s) appearing for the Case

Kenneth Cooperstein , Centerport, NY, for appellant.

Barros, J.P., Chambers, Warhit and Taylor, JJ., concur.


In an action, inter alia, for the partition and sale of real property, the defendant appeals from an order of the Supreme Court, Nassau County (Christopher G. Quinn, J.), dated April 20, 2021. The order denied the defendant's unopposed motion to restore the action to the active calendar.

Ordered that the order is reversed, on the law, without costs or disbursements, and the defendant's motion to restore the action to the active calendar is granted.

It is undisputed...

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