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NYC 4900 HOLDINGS LLC v. STERNHELL

656476/18. Appeal No. 12601. Case No. 2019-04193.

189 A.D.3d 505 (2020)

133 N.Y.S.3d 803

2020 NY Slip Op 07461

NYC 4900 Holdings LLC, Appellant, v. Lazer Sternhell et al., Respondents.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

The Price Law Firm LLC, New York ( Joshua C. Price of counsel), for appellant.

Rosenberg & Steinmetz PC, Valley Stream ( Rachelle Rosenberg of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.

The motion court correctly found issues of fact as to plaintiff's ability to deliver clear title to the property at the time of closing (see Donerail Corp. N.V. v 405 Park LLC, 100 A.D.3d 131, 138 [1st Dept 2012]). In opposition to plaintiff's motion, defendant submitted evidence that before the scheduled closing date the title company had discovered two notices of lis pendens on the property. Plaintiff...

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