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FJ VULIS, LLC v. VAL

7635. 151588/14.

166 A.D.3d 469 (2018)

89 N.Y.S.3d 17

2018 NY Slip Op 07835

FJ Vulis, LLC, Appellant, v. Anna Val et al., Respondents.

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

Decided November 15, 2018.

Plaintiff's contention that defendants' untimely cross motion for summary judgment precluded them from seeking any relief is without merit (see CPLR 3212 [b]; see also e.g. Carnegie Hall Corp. v City Univ. of N.Y., 286 A.D.2d 214, 215 [1st Dept 2001]). Plaintiff's argument that the doctrine of law of the case prevents this Court from finding that the fraud claim is duplicative of the contract claim is also without merit (...

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