Opinion Excerpt

Kelly v Magarie 2026 NY Slip Op 05945 October 14, 2026 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. Thomas Kelly, appellant, v Raymond Magarie, respondent. Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided on October 14, 2026 2025-01489, (Index No. 604696/22) Mark C. Dillon, J.P