159-MP CORP., v. CAB BEDFORD, LLC

2016-10904, 2017-05697, Index No. 509751/16.

181 A.D.3d 758 (2020)

122 N.Y.S.3d 59

2020 NY Slip Op 01892

159-MP Corp., Doing Business as Food Town, Appellant-Respondent, v. CAB Bedford, LLC, Respondent-Appellant, and New York City Department of Buildings, Respondent.

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

Decided March 18, 2020.


Ordered that the order dated August 18, 2016, is affirmed; and it is further,

Ordered that the order dated April 28, 2017, is affirmed insofar as appealed from; and it is further,

Ordered that the order dated April 28, 2017, is reversed insofar as cross-appealed from, on the law, and those branches of the motion of the defendant CAB Bedford, LLC, which were pursuant to CPLR 3211(a) to dismiss the first cause of action and the second cause of action insofar...

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