TWENTY 6 REALTY PARTNERS INC. v. GSS N3 LLC

Index Nos. 23591/18E, 32852/18E. Appeal No. 13292-13293. Case Nos. 2020-02334, 2020-02335.

192 A.D.3d 463 (2021)

139 N.Y.S.3d 821

2021 NY Slip Op 01367

Twenty 6 Realty Partners Inc., Appellant, v. GSS N3 LLC et al., Respondents. Pei Qi et al., Respondents, v. GSS N3, LLC, Respondent, and Twenty 6 Realty Partners Inc., Appellant, et al., Defendants.

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

Decided March 9, 2021.


Attorney(s) appearing for the Case

Law Offices of Geoffrey S. Hersko, P.C., Cedarhurst ( Geoffrey S. Hersko of counsel), for appellant.

Bilski & Associates, PLLC, Bronx ( Christopher P. Bilski of counsel), for GSS N3 LLC, respondent.

The Law Office of Alexander Paykin, P.C., New York ( Alexander Paykin of counsel), for PEI QI and Yanbing Luo, respondents.

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


Any minor errors in the notice of appeal or the CPLR 5531 statement are nonjurisdictional and nonprejudicial, and can be corrected (CPLR 2001), and in any event were waived by plaintiffs-respondents' failure to timely raise them (CPLR 2101[f]).

GSS/KG's motion did not violate the single motion rule (CPLR 3211[e]). It was converted to a motion for summary judgment and was, at the request of Realty, consolidated with a first-time motion by plaintiffs-respondents.

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