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SACKMAN ENTERPRISES INC. v. BOARD OF MANAGERS OF THE CHESTERFIELD CONDOMINIUM

Index No. 161320/18. Appeal No. 13407. Case No. 2020-02409.

192 A.D.3d 565 (2021)

140 N.Y.S.3d 706

2021 NY Slip Op 01732

Sackman Enterprises Inc., Appellant, v. Board of Managers of the Chesterfield Condominium et al., Respondents.

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

Decided March 23, 2021.

Attorney(s) appearing for the Case

D'Agostino, Levine, Landesman, Lederman, Rivera & Sampson, LLP, New York ( Eric R. Garcia of counsel), for appellant.

Schwartz Sladkus Reich Greenberg Atlas LLP, New York ( Kristin E. Pendergrass of counsel), for respondents.

Concur—Webber, J.P., Oing, Kennedy, Scarpulla, JJ.

Plaintiff's allegations are conclusively refuted by documentary evidence (see Whitebox Concentrated Convertible Arbitrage Partners, L.P. v Superior Well Servs., Inc., 20 N.Y.3d 59, 63 [2012]), i.e., plaintiff's assignment of its interest in the condominium's sponsor entity and the subsequent deeds in which title to the unit appurtenant to the parking ramp at the center of the dispute was transferred to another entity, showing that...

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