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FOREST WALNUT LLC v. ABIZKER

Index No. 652514/22, Appeal No. 1575-1576, Case Nos. 2023-00590, 2023-00693.

2024 NY Slip Op 00455

FOREST WALNUT LLC ET AL., Plaintiffs-Appellants, v. ZOHAR ABIZKER ALSO KNOWN AS ZOHAR COHEN, ETC., ET AL., Defendants, ALLIANCEBERNSTEIN HOLDING LP, Defendant-Respondent.

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

Decided February 1, 2024.

Attorney(s) appearing for the Case

Christopher S. Cardillo , P.C., New York ( Glen Wertheimer of counsel), for appellants.

Clark Smith Villazor LLP, New York ( Brian T. Burns of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Kern, Scarpulla, Rosado, O'Neill Levy, JJ.

Appeal from order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about November 22, 2022, which, upon plaintiffs' default, granted defendant AllianceBernstein Holding LP's (Alliance) motion to dismiss the complaint as against it pursuant to CPLR 3211(a)(7), unanimously dismissed, without costs. Order, same court and Justice, entered on or about January 9, 2023, which denied plaintiffs' motion to vacate the prior order pursuant to CPLR 5015(a)(1) and...

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