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CORTEZ v. GERSH

8680, 8679, 8678.

170 A.D.3d 491 (2019)

93 N.Y.S.3d 846

2019 NY Slip Op 01723

Samuel Yovany Casas Cortez et al., Appellants, v. Damon Gersh, Individually and Doing Business as Maxons Restorations, Inc., et al., Respondents, et al., Defendant. (And a Third-Party Action.).

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

Decided March 12, 2019.

Plaintiffs are precluded from pursuing this appeal from the denial of the motion to renew, since they did not perfect their prior appeal from the motion to dismiss (Rivera v Ayala, 95 A.D.3d 622, 622-623 [1st Dept 2012]; Pier 59 Studios, L.P. v Chelsea Piers, L.P., 40 A.D.3d 363, 366 [1st Dept 2007]).

Even if we were to consider plaintiffs' appeal, we would conclude that the motion...

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