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23 E. 39TH ST. DEV., LLC v. 23 E. 39TH ST. MGT. CORP.

2016-13440, Index No. 606401/15.

172 A.D.3d 964 (2019)

2019 NY Slip Op 03748

23 East 39th Street Developer, LLC, Appellant-Respondent, v. 23 East 39th Street Management Corporation et al., Respondents-Appellants.

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

Decided May 15, 2019.

Ordered that the order is reversed insofar as appealed from, on the law and the facts, and that branch of the defendants' motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint is denied; and it is further,

Ordered that the order is affirmed insofar as cross-appealed from; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

On December 29, 2008, the defendant 23 East 39th Street Management Corporation (hereinafter...

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