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MALCO REALTY CORP. v. WESTCHESTER CONDOS, LLC

11634- 11634A- 11634B-307211/10, 11634C

114 A.D.3d 413 (2014)

982 N.Y.S.2d 64

2014 NY Slip Op 601

MALCO REALTY CORP., Appellant, v. WESTCHESTER CONDOS, LLC, Defendant, and NEW YORK CITY ACQUISITION FUND LLC et al., Respondents.

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

Decided February 4, 2014.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered November 23, 2011, which granted the motion of defendant Westchester Condos (WC) to dismiss the complaint and cancel the notice of pendency, unanimously modified, on the law, to the extent of denying WC's motion to dismiss the amended complaint's first cause of action for breach of contract, and otherwise affirmed, without costs. Judgment, same court and Justice...

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