106 N. BROADWAY, LLC v. LAWRENCE

2018-04389. Index No. 57543/17.

189 A.D.3d 733 (2020)

137 N.Y.S.3d 148

2020 NY Slip Op 07151

106 N. Broadway, LLC, Appellant, v. Houlihan Lawrence et al., Respondents.

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

Decided December 2, 2020.


Attorney(s) appearing for the Case

Montalbano, Condon & Frank, P.C., New City, NY ( John E. Finnegan of counsel), for appellant.

Jones, LLP, Scarsdale, NY ( Jeffrey Briem , Marcy Blake , and Stephen J. Jones of counsel), for respondents Houlihan Lawrence and Patricia Flood.

Clifford L. Davis , White Plains, NY, for respondent Hilary Chenel Levy.

Scheinkman, P.J., Balkin, Cohen and LaSalle, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants Patricia Flood and Houlihan Lawrence which was pursuant to CPLR 3211(a) to dismiss the third cause of action for breach of the implied covenant of good faith and fair dealing insofar as asserted as against the defendant Houlihan Lawrence, and substituting therefor a provision denying that branch of the motion; as so modified, the order is...

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