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FV-1, INC. v. PALAGUACHI

2019-05662. Index No. 710424/17.

191 A.D.3d 767 (2021)

142 N.Y.S.3d 561

2021 NY Slip Op 00838

FV-1, Inc., Respondent, v. Luis E. Palaguachi et al., Defendants, and Gustavia Home, LLC, Appellant.

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

Decided February 10, 2021.

Attorney(s) appearing for the Case

Hasbani & Light, P.C., New York, NY ( Rafi Hasbani of counsel), for appellant.

Greenspoon Marder LLP, New York, NY ( Wendy Michael , Raspreet Bhatia , Matthew Rapkowski , and The Frank Law Firm, P.C. [ Thomas J. Frank ], of counsel), for respondent.

Mastro, A.P.J., Austin and Connolly, JJ., concur.

Ordered that the order entered April 25, 2019, is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the defendant Gustavia Home, LLC, which was for leave to renew that branch of its prior motion which was pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it is granted, and, upon renewal, the determination in the order entered July 17, 2018; denying that branch of the prior motion is vacated, and thereupon that...

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