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Schwaber & Kafer P.C. v. Alpizar

Supreme Court of the State of New York Appellate Division, First Judicial Department
Jun 17, 2021
2021 N.Y. Slip Op. 67678 (N.Y. App. Div. 2021)

Opinion

Motion No. 2021-01565 Motion No. 2021-01647

06-17-2021

In the Matter of the Application of Schwaber & Kafer P.C., Petitioner-Appellant, v. Henry Alpizar and Gabrielle N. Hall, Esq., in her capacity as Guardian of the Estate of Henry Alpizar, An Incapacitated Person, Respondents-Respondents.


Present - Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Jeffrey K. Oing Saliann Scarpulla Martin Shulman, Justices. Index No. 157599/2020
Case Nos. 2021-00698 2021-00703

Petitioner-appellant having moved for an order directing respondents and their attorney to disclose the identity of the escrow account into which the subject sales proceeds were deposited, and awarding petitioner the costs of the motion (M-2021-01565),

And respondent-respondent Gabrielle Hall, Esq., having moved for an order granting renewal of the order of this Court, entered on April 08, 2021 (Motion No. 2021-00795), and awarding respondent the costs of the motion (Motion No. 2021-00795),

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is ordered that the petitioner-appellant's motion to compel respondents to produce information regarding the escrow account and related relief is denied as moot, and

It is further ordered that respondent-respondent Gabrielle E. Hall's's motion is granted and, upon renewal, the order of this Court entered on April 08, 2021 (Motion No.2021-00795) is hereby modified to reduce the amount that respondents are directed to place into escrow from the proceeds of the sale of the subject real property from $542,908 to $158,855.55. Respondent's request for costs is denied. ENTERED: June 17, 2021

/s/

Susanna Molina Rojas

Clerk of the Court


Summaries of

Schwaber & Kafer P.C. v. Alpizar

Supreme Court of the State of New York Appellate Division, First Judicial Department
Jun 17, 2021
2021 N.Y. Slip Op. 67678 (N.Y. App. Div. 2021)
Case details for

Schwaber & Kafer P.C. v. Alpizar

Case Details

Full title:In the Matter of the Application of Schwaber & Kafer P.C.…

Court:Supreme Court of the State of New York Appellate Division, First Judicial Department

Date published: Jun 17, 2021

Citations

2021 N.Y. Slip Op. 67678 (N.Y. App. Div. 2021)