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21/23 AVE. B REALTY LLC v. 21&23 AVE B, LLC

Index Nos. 154991/18, 595510/18, 158161/18. Appeal No. 13088. Case Nos. 2020-02526, 2020-02528.

191 A.D.3d 456 (2021)

142 N.Y.S.3d 486

2021 NY Slip Op 00787

21/23 Avenue B Realty LLC, Respondent-Appellant, et al., Plaintiffs, v. 21&23 Ave B, LLC, et al., Defendants, and Brian Ursino, Appellant-Respondent/Third-Party Plaintiff-Appellant-Respondent. Icon Ventures LLC, Third-Party Defendant-Respondent-Appellant. Brian Ursino, Appellant-Respondent, v. 21/23 Avenue B Realty LLC, Respondent-Appellant, et al., Defendants.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Russ & Russ, P.C., Massapequa ( Jay Edmond Russ of counsel), for appellant-respondent.

Cervini Swanson LLP, New York ( Scott L. Swanson and Joseph P. Cervini, Jr. of counsel), for respondents-appellants.

Concur—Manzanet-Daniels, J.P., Gische, González, Shulman, JJ.

This action involves disputes over the sale of a property located at 21-23 Avenue B in Manhattan (the property), which was owned by defendant 21&23 Ave B, LLC (Seller). In November 2016, Seller agreed to sell the property to Ursino, who then entered into an agreement with third-party defendant Icon Ventures LLC to form an entity to purchase that property and another property on Avenue C. In exchange for the letter of intent, Ursino would become a member of the new

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