PATTERSON BELKNAP WEBB & TYLER LLP v. MARCUS & CINELLI LLP

Index No. 652711/22, Appeal No. 2276, Case No. 2023-02219.

2024 NY Slip Op 02670

PATTERSON BELKNAP WEBB & TYLER LLP, Respondent, v. MARCUS & CINELLI LLP ET AL., Appellants, JOHN DOES # 1-99, Defendants.

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

Decided May 14, 2024.


Attorney(s) appearing for the Case

The Law Office of David P. Marcus, PLLC, Williamsville ( David P. Marcus of counsel), for Marcus & Cinelli, LLP and David P. Marcus, appellants.

Schiffmacher Cinelli Adoff LLP, Buffalo ( Aaron M. Adoff of counsel), for Brian L. Cinelli, appellant.

Patterson Belknap Webb & Tyler LLP, New York ( David S. Kleban of counsel), for respondent.

Before: Oing, J.P., González, Kennedy, Higgitt, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about April 4, 2023, which, insofar as appealed from as limited by the briefs, denied defendants' motion to dismiss the amended complaint, unanimously modified, on the law, to dismiss so much of the first cause of action as relies on former Debtor and Creditor Law §§ 273 and 274 (repealed by L 2019, ch 580, § 2), and otherwise affirmed, without costs.

In 2013, plaintiff obtained...

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