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230 PARK AVE. HOLDCO, LLC v. KURZMAN KARELSEN & FRANK, LLP

No. 50

27 N.Y.3d 1109 (2016)

55 N.E.3d 443

35 N.Y.S.3d 683

2016 NY Slip Op 04976

230 PARK AVENUE HOLDCO, LLC, Appellant, v. KURZMAN KARELSEN & FRANK, LLP, et al., Respondents.

Court of Appeals of New York.

Decided June 23, 2016.

Attorney(s) appearing for the Case

Klein & Solomon, LLP, New York City ( Jay B. Solomon of counsel), for appellant.

Kurzman Karelsen & Frank, LLP, New York City ( Charles Palella and Arthur R. Block of counsel), for respondents.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, by granting plaintiff's motion for summary judgment dismissing defendants' third affirmative defense, and, as so modified, affirmed and the certified question answered in the negative.

Plaintiff met its initial burden of demonstrating its entitlement to summary judgment dismissing defendants' third affirmative defense alleging that plaintiff breached...

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