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APOLLO ASSET MGT., INC. v. CERNICH

Index No. 653234/20, Appeal No. 2034, Case No. 2023-04212.

2024 NY Slip Op 01978

APOLLO ASSET MANAGEMENT, INC., ET AL., Plaintiffs-Respondents, v. STEPHEN CERNICH, ET AL., Defendants-Appellants.

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

Decided April 11, 2024.

Attorney(s) appearing for the Case

Arkin Solbakken LLP, New York ( Lisa C. Solbakken of counsel), for appellants.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., New York ( John P. Sefick of counsel), for respondents.

Before: Manzanet-Daniels, J.P., Gesmer, Shulman, Higgitt, Rosado, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about August 11, 2023, which denied defendants' motions for summary judgment dismissing the complaint, unanimously affirmed.

The motion court previously rejected defendants' collateral estoppel and satisfaction of judgment arguments at the motion to dismiss stage, and this Court affirmed the CPLR 3211 order (Apollo Mgt., Inc. v Cernich, 202 A.D.3d 527, 527 [1st Dept 2022]). "An appellate...

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