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LG FUNDING, LLC v. UNITED SENIOR PROPS. OF OLATHE, LLC

2018-09950, Index No. 500056/18.

181 A.D.3d 664 (2020)

122 N.Y.S.3d 309

2020 NY Slip Op 01607

LG Funding, LLC, Appellant, v. United Senior Properties of Olathe, LLC, et al., Respondents.

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

Decided March 11, 2020.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was pursuant to CPLR 3211(a) to dismiss the counterclaim, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the plaintiff.

On February 7, 2017, the plaintiff and the defendant United Senior Properties of Olathe, LLC (hereinafter United), entered into a written...

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