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STRONG REAL ESTATE, LLC v. 55 TOWN LINE, LLC

2017-07005. Index No. 600135/17.

192 A.D.3d 716 (2021)

139 N.Y.S.3d 841

2021 NY Slip Op 01280

Strong Real Estate, LLC, Appellant, v. 55 Town Line, LLC, Respondent, and Robert Weigel, Appellant, et al., Defendants.

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

Decided March 3, 2021.

Attorney(s) appearing for the Case

Robert Kouffman & Associates, P.C. (Lazer, Aptheker, Rosella & Yedid, P.C., Melville, NY [ David Lazer and Zachary Murdock ], of counsel), for plaintiff-appellant.

MargolinBesunder LLP, Islandia, NY ( Linda U. Margolin and Karen I. Hansen of counsel), for defendant-appellant.

Pryor Cashman LLP, New York, NY ( Michael G. Goldberg , Todd B. Marcus , and Ross M. Bagley of counsel), for respondent.

Dillon, J.P., Hinds-Radix, Brathwaite Nelson and Wooten, JJ., concur.

Ordered that the appeal by the defendant Robert Weigel is dismissed; and it is further,

Ordered that the order is reversed insofar as appealed from by the plaintiff, on the law, and the motion of the defendant 55 Town Line, LLC, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it is denied; and it is further,

Ordered that one bill of costs is awarded to the plaintiff, payable by the defendant 55 Town Line, LLC.

The plaintiff...

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