501 FIFTH AVENUE COMPANY LLC v. ALVONA LLC

501, 10743, 153082/12.

110 A.D.3d 494 (2013)

973 N.Y.S.2d 137

2013 NY Slip Op 6624

501 FIFTH AVENUE COMPANY LLC, Appellant, v. ALVONA LLC., Defendant, and SERHIY HOSHOVSKY et al., Respondents.

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

Decided October 10, 2013.


Order, Supreme Court, New York County (Ellen M. Coin, J.), entered on or about December 3, 2012, which granted the motion to dismiss the complaint made by defendants Serhiy Hoshovsky and Iryna Kryakina, unanimously affirmed, with costs.

Plaintiff is correct that the motion court should not have considered the affidavit of the director of the corporate defendant's parent. The affidavit, which was in a foreign language, was translated into English but was not accompanied...

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