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PREFERRED WESTCHESTER PROPS., INC. v. FAY REALTY, LLC

2022-01593, Index No. 67449/18.

2024 NY Slip Op 01943

PREFERRED WESTCHESTER PROPERTIES, INC., Appellant, v. FAY REALTY, LLC, ET AL., Respondents, ET AL., Defendants.

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

Decided April 10, 2024.

Attorney(s) appearing for the Case

James G. Dibbini & Associates, P.C., Yonkers, NY ( Kunal S. Yadav of counsel), for appellant.

Marks DiPalermo Wilson PLLC, White Plains, NY ( Kristen Kelly Wilson of counsel), for respondents.

Before: Mark C. Dillon, J.P., Robert J. Miller, Barry E. Warhit, Lourdes M. Ventura, JJ.

DECISION & ORDER

In an action to recover damages for injury to real property, the plaintiff appeals from an order of the Supreme Court, Westchester County (Damaris E. Torrent, J.), dated February 28, 2022. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike the answer of the defendants Fay Realty, LLC, and Norman Mirsly and to preclude those defendants from offering evidence at trial.

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