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8th AVE. RECOVERIES CORP. v. 111 STELLAR 8 OWNER, LLC

9927/11.

2014 NY Slip Op 50027(U)

8TH AVENUE RECOVERIES CORP., Plaintiff, v. 111 STELLAR 8 OWNER, LLC, ET AL., Defendants.

Supreme Court, Kings County

Decided January 15, 2014.

Attorney(s) appearing for the Case

Mendel Zilberberg, Esq. , Mendel Zilberberg & Associates, PC, 6619 Thirteenth Avenue, Brooklyn, NY 11219, Attorney for Plaintiff.

Conseulo Alden Vasquez, Esq. , Pepper Hamilton, LLP, 620 Eight Avenue, New York, NY 10018, Attorney for Defendants.

CAROLYN E. DEMAREST, J.

Defendant moves for summary judgment pursuant to CPLR 3212 to dismiss the complaint.

BACKGROUND

This action arises out of the construction of a condominium project ("Project") located at 103-117 Kent Avenue, Brooklyn ("Property"). The building was to include approximately 60 condominium units, underground parking, and a lobby. On December 20, 2006, non-parties 8th Avenue Builders Corp. ("Builders") entered a contract...

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