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MANGIARACINA v. JIMENEZ-CANO

2021-06072. Index No. 718485/19.

220 A.D.3d 943 (2023)

196 N.Y.S.3d 800

2023 NY Slip Op 05399

Santa Mangiaracina, Appellant, v. Lissette Jimenez-Cano, Respondent, et al., Defendant.

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

Decided October 25, 2023.

Attorney(s) appearing for the Case

Ronald D. Weiss, P.C., Melville, NY ( Rosemarie Klie of counsel), for appellant.

Patrick Christopher , Centereach, NY, for respondent.

LaSalle, P.J., Connolly, Genovesi and Voutsinas, JJ., concur.

In an action to recover damages for fraud and unjust enrichment and to rescind a deed, the plaintiff appeals from an order of the Supreme Court, Queens County (Pam Jackman Brown, J.), entered July 12, 2021. The order, insofar as appealed from, failed to determine those branches of the plaintiff's motion which were for leave to renew her opposition to the motion of the defendant Lissette Jimenez-Cano pursuant to CPLR 3211(a) to dismiss the amended complaint insofar as asserted...

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