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MING XUE XIR v. 422 SUNSHINE CT., LLC

2021-02197, Index Nos. 37578/02, 526840/19.

2024 NY Slip Op 02810

MING XUE XIR, Respondent, v. 422 SUNSHINE COURT, LLC, ET AL., Defendants, XIACHONG CHEN, Appellant. (Matter No. 1). IN THE MATTER OF XIAOHONG CHEN, Appellant, XIEMING XUE, ALSO KNOWN AS XIE-MING XUE, ALSO KNOWN AS MING XUE XIR, Respondent. (Matter No. 2).

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

Decided May 22, 2024.

Attorney(s) appearing for the Case

Akerman LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [ Brian J. Isaac and Paul Seidenstock ], of counsel), for appellant in Matter Nos. 1 and 2.

Robert A. Cardali & Associates LLP ( Laurence J. Sass , New York, NY, of counsel), for respondent in Matter Nos. 1 and 2.

Before: Valerie Brathwaite Nelson, J.P., Joseph J. Maltese, Helen Voutsinas, Janice A. Taylor, JJ.

DECISION & ORDER

In an action to recover damages for personal injuries and a related proceeding, inter alia, pursuant to CPLR 5239 to vacate an execution of a judgment against certain real property, Xiaohong Chen, named in the action as Xiachong Chen, appeals from an order of the Supreme Court, Kings County (Loren Baily-Schiffman, J.), dated September 15, 2020. The order denied Xiaohong Chen's motion pursuant to CPLR 5015(a)(4) to vacate a judgment of the same...

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