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HARRIET TUBMAN GARDENS APT. CORP. v. H.T. DEV. CORP.

Index No. 652532/14. Appeal No. 13289. Case No. 2019-5937.

192 A.D.3d 456 (2021)

139 N.Y.S.3d 830

2021 NY Slip Op 01357

Harriet Tubman Gardens Apartment Corporation, Appellant-Respondent, v. H.T. Development Corporation et al., Defendants, and Bluestone Organization, Respondent-Appellant. Bluestone Organization, Inc., Third-Party Plaintiff-Respondent-Appellant, v. N. Wexler, P.E., Inc., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided March 9, 2021.

Attorney(s) appearing for the Case

Law Office of Michael E. Hatchett, New York ( Michael E. Hatchett of counsel), for appellant-respondent.

Hannum Feretic Prendergast & Merlino, LLC, New York ( Michael J. White of counsel), for Bluestone Organization, Inc., respondent-appellant.

Concur—Gische, J.P., Singh, Moulton, González, JJ.

Issues of fact exist as to whether defendant Bluestone Organization may be held liable as the alter ego or successor in interest to defendant H.T. Development Corporation (HT Development) (see generally Tap Holdings, LLC v Orix Fin. Corp., 109 A.D.3d 167, 174 [1st Dept 2013]; Fitzgerald v Fahnestock & Co., 286 A.D.2d 573, 574 [1st Dept 2001]). There is evidence that HT Development was...

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