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SUTTON 58 ASSOCIATES LLC v. PILEVSKY

8064. 654917/16.

168 A.D.3d 477 (2019)

89 N.Y.S.3d 630

2019 NY Slip Op 00210

Sutton 58 Associates LLC, Respondent, v. Philip Pilevsky et al., Appellants.

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

Decided January 10, 2019.

Plaintiff's claims, in which the sole damages plaintiff claims are losses resulting from the delay of a real estate project due to the bankruptcy filing of two nonparty entities, are preempted by federal law (see Astor Holdings, Inc. v Roski, 325 F.Supp.2d 251, 262-263 [SD NY 2003]). We note that in the bankruptcy proceedings, plaintiff moved to dismiss Mezz Borrower's petition as...

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