SUTPHIN MGT. CORP. v. REP 755 REAL ESTATE, LLC

774/2008.

2008 NY Slip Op 51736 (U)

SUTPHIN MANAGEMENT CORP., Plaintiff, v. REP 755 REAL ESTATE, LLC, REP 755 HOLDINGS, LLC, REP 777 REAL ESTATE, LLC, REP 777 HOLDINGS, LLC REP 1211 REAL ESTATE, LLC, REP 1211 HOLDINGS, LLC and REP REALTY, LLC, Defendants, and 777 REALTY, LLC and ROBIN ESHAGHPOUR, Additional Counterclaim Defendants, and CVS ALBANY LLC and CVS CORPORATION, Additional Parties (Joined pursuant to CPLR 1001(a)).

Supreme Court of the State of New York, Nassau County.

Decided August 15, 2008.


Attorney(s) appearing for the Case

Castro & Karten LLP, New York, NY, Counsel for Plaintiff & Additional Counterclaim Defendants.

Rosenberg Calica & Birney LLP, Garden City, NY, Counsel for Defendants.

Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York, NY, Counsel for Additional Parties.


LEONARD B. AUSTIN, J.

ORDER

The following papers were read on Defendants' Orders to Show Cause seeking partial summary judgment upon their third counterclaim and cancellation of the notice of pendency and Plaintiff's cross-motion to dismiss Defendants' first and second counterclaims:

Sequence No. 001 and 002: Order to Show Cause dated February 11, 2008; Affirmation of Robert M. Calica, Esq. dated February 8, 2008; Affidavit...

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