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SOLDIERS', SAILORS', MARINES' AND AIRMEN'S CLUB INC. v. CARLTON REGENCY CORP.

15218, 600813/07, 601554/08, 590181/09

128 A.D.3d 593 (2015)

10 N.Y.S.3d 65

2015 NY Slip Op 04418

SOLDIERS', SAILORS', MARINES' AND AIRMEN'S CLUB INC., Respondent, v. THE CARLTON REGENCY CORP., Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent. JAMES CONFORTI, III, et al., Third-Party Defendants/Counterclaim Plaintiffs-Respondents-Appellants, v. THE COMMINGLED PENSION TRUST FUND (MORTGAGE PRIVATE PLACEMENT) OF JPMORGAN CHASE BANK, N.A. Counterclaim Defendant. (And Other Actions.)

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

Decided May 26, 2015.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered December 23, 2013, which, to the extent appealed from as limited by the briefs, denied defendant/third-party plaintiff Carlton Regency Corp.'s (the Cooperative) motion for summary judgment dismissing the counterclaims asserted by third-party defendants James Conforti and Dean Stephen Lyras that are based on a 2006 agreement between the Cooperative and Conforti, and denied Conforti and Lyras's motion to...

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