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CARPIO v. MORRIS

2022-01245, Index No. 611610/21.

2024 NY Slip Op 00293

MELVIN CARPIO, Respondent, v. CORY MORRIS, Appellant.

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

Decided January 24, 2024.

Attorney(s) appearing for the Case

Young & Young, LLP, Central Islip, NY ( Richard W. Young of counsel), for appellant.

Levin Law Group, Brooklyn, NY ( Alexander Golant of counsel), for respondent.

Before: Mark C. Dillon, J.P., Robert J. Miller, Barry E. Warhit, Laurence L. Love, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, commenced by motion for summary judgment in lieu of complaint pursuant to CPLR 3213, the defendant appeals from an order of the Supreme Court, Suffolk County (Kathy G. Bergmann, J.), dated October 5, 2021. The order, insofar as appealed from, denied the defendant's motion, inter alia, to vacate the notice of pendency and, in effect, pursuant to CPLR 3211(a) to dismiss the action...

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