VAN OSTRAND v. LATHAM

834 CA 23-00094.

222 A.D.3d 1382 (2023)

200 N.Y.S.3d 248

2023 NY Slip Op 06629

Leigh Van Ostrand, Appellant, v. Peter Latham, Respondent.

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

Decided December 22, 2023.


Attorney(s) appearing for the Case

KAMAN BERLOVE LLP, ROCHESTER ( GARY MULDOON OF COUNSEL), FOR PLAINTIFF-APPELLANT.

MICHAEL STEINBERG , ROCHESTER, FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Bannister, Greenwood, Nowak and DelConte, JJ.


Appeal from an order of the Supreme Court, Monroe County (John B. Gallagher, Jr., J.), entered November 30, 2022. The order granted the motion of defendant to dismiss the complaint "and/or" for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced an action for divorce against defendant in January 2019. In April 2021, plaintiff and defendant entered...

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