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METROPOLITAN LOFTS OF NY, LLC v. METROEB REALTY 1, LLC

2019-00129. Index No. 503441/12.

189 A.D.3d 1024 (2020)

133 N.Y.S.3d 874

2020 NY Slip Op 07371

Metropolitan Lofts of NY, LLC, Respondent, v. Metroeb Realty 1, LLC, Respondent, and RedSky Capital, LLC, Appellant.

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

Decided December 9, 2020.

Attorney(s) appearing for the Case

Loeb & Loeb LLP, New York, NY ( Wook Hwang of counsel), for appellant.

Kravet & Vogel, LLP ( Donald J. Kravet and Mischel & Horn, P.C., New York, NY [ Scott T. Horn ], of counsel), for plaintiff-respondent.

Rivera, J.P., Leventhal, LaSalle and Brathwaite Nelson, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for leave to amend the complaint is denied.

On October 22, 2012, the plaintiff commenced this action against the defendant Metroeb Realty 1, LLC (hereinafter Metroeb), to recover damages for breach of contract, for specific performance of a contract for the sale of real property, and for declaratory relief. The plaintiff alleged...

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