Jahier v Jahier, 2021 NY Slip Op 08173 [191 AD3d 966]

February 24, 2021

Appellate Division, Second Department

[*1]

Donna Sue Jahier, Appellant,

v

Glenn Alan Jahier et al., Defendants, and Marchese and Maynard, LLP, et al., Respondents.

Zimmerman Law, P.C., Huntington Station, NY (Gary R. Novins of counsel), for appellant.

L’Abbate, Balkan, Colavita & Contini, LLP, Garden City, NY (Matthew J. Bizzaro of counsel), for respondents.

In an action, inter alia, to set aside a settlement agreement, the plaintiff appeals from an order of the Supreme Court, Nassau County (Randy Sue Marber, J.), dated September 18, 2017. The order granted the motion of the defendants Marchese and Maynard, LLP, Robin Maynard, and Paul Marchese pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The relevant background facts are set forth in this Court’s decision and order on a related appeal ( Jahier v Jahier , 191 AD3d 967 [2021] [decided herewith]).

In light of our determination on the related appeal, we conclude that the Supreme Court properly granted the motion of the defendants Marchese and Maynard, LLP, Robin Maynard, and Paul Marchese pursuant to CPLR 3211 (a) to dismiss the complaint insofar as asserted against them.

The plaintiff’s remaining contentions are not properly before this Court. Dillon, J.P., Chambers, LaSalle and Iannacci, JJ., concur..