ARBOR ASSET MGT., LLC v. SINGH

Index No. 654336/16. Appeal No. 12630. Case No. 2020-01336.

189 A.D.3d 527 (2020)

138 N.Y.S.3d 13

2020 NY Slip Op 07486

Arbor Asset Management, LLC, et al., Respondents, v. Hari Singh et al., Appellants. (And a Third-Party Action.).

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

Decided December 15, 2020.


Attorney(s) appearing for the Case

Tyson & Mendes, LLP, New York ( Robert Modica of counsel), for Court Wing, appellant.

Winget, Spadafora & Schwartzberg, LLP, New York ( Dianna D. McCarthy of counsel), for Hari Singh, Crossfit NYC Holdings, LLC and Crossfit NYC, LLC, appellants.

The Stolper Group, LLP, New York ( Michael Stolper of counsel), for respondents.

Concur—Renwick, J.P., Gische, González, Scarpulla, Mendez, JJ.


Defendants contend that the motion court erred in ignoring their statement of material fact and that, pursuant to 22 NYCRR 202.70(g) (Commercial Division rule 19-a[c]), any evidentiary matter in the statement not specifically controverted should have been deemed admitted. However, Justice Schecter's rules provide that only a joint Rule 19-a statement agreed upon by the parties will be considered (Practices for Part 54, Summary...

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