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SUTTON APARTMENTS CORPORATION v. BRADHURST 100 DEVELOPMENT LLC

6276N 104289/10 590665/13 590287/14.

160 A.D.3d 508 (2018)

75 N.Y.S.3d 150

2018 NY Slip Op 02563

Sutton Apartments Corporation et al., Appellants, v. Bradhurst 100 Development LLC et al., Respondents, et al., Defendants. Bradhurst 100 Development LLC, Third-Party Plaintiff-Respondent, v. Magnusson Architecture and Planning PC, Third-Party Defendant. West Manor Construction Corp., Second Third-Party Plaintiff-Respondent, v. Larino Masonry Inc. et al., Second Third-Party Defendants, and Capital Interiors Construction Corp., Second Third-Party Defendant-Respondent.

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

Decided April 12, 2018.

We review the order for abuse of discretion (see Heller v Louis Provenzano, Inc., 303 A.D.2d 20 [1st Dept 2003]), and find plaintiffs present no grounds to disturb the order on appeal. We disagree with plaintiffs' characterization of the motion as a mere effort to cure "standing issues," where plaintiffs do not show that the claims against defendant Bradhurst 100 Development LLC (Bradhurst) as to the non-common areas in the building...

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