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SCHNEIDERMAN v. BRAND

Index No. 251437/14E Appeal No. 1148 Case No. 2022-00980.

222 A.D.3d 416 (2023)

202 N.Y.S.3d 12

2023 NY Slip Op 06225

Eric T. Schneiderman, Attorney General of the State of New York, et al., Respondents, v. Alan Brand et al., Appellants.

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

Decided December 5, 2023.

Attorney(s) appearing for the Case

The Law Offices of Steven L. Kessler, Harrison ( Steven L. Kessler of counsel), for appellants.

Letitia James , Attorney General, New York ( Daniel S. Magy of counsel), for respondents.

Concur—Kern, J.P., Gesmer, Moulton, Kennedy, Higgitt, JJ.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about October 14, 2021, which denied defendants' motion for damages and other relief arising from a settlement agreement, unanimously affirmed, without costs.

The court denied defendants' motion on two procedural grounds: the relief sought had to be brought through a pleading, rather than by motion, and the court lacked subject matter jurisdiction, because...

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