ORCHARD HOTEL, LLC v. FLINTLOCK CONSTRUCTION SERVICE LLC

850044/11-4305N. 4304. 4303.

151 A.D.3d 554 (2017)

2017 NY Slip Op 04894

57 N.Y.S.3d 395

ORCHARD HOTEL, LLC, Respondent, v. FLINTLOCK CONSTRUCTION SERVICE LLC, Appellant, and BROOKLYN FEDERAL SAVINGS BANK et al., Respondents, et al., Defendants.

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

Decided June 15, 2017.


In the December 2016 order, the court acknowledged that its May 2014 orders denying as moot the motions to dismiss the relevant claims in Flintlock's 2013 amended answer were in error because the court failed to consider the sufficiency of those claims, mistakenly considering the allegations in a 2012 proposed amended answer. The court also found that as a result of those erroneous orders, pending a determination of this appeal, Flintlock did not possess valid causes of action...

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