600-602 10TH AVENUE REALTY CORP. v. ESTATE OF NUSIMOW

650120/17. Appeal No. 13488. Case No. 2020-01142.

193 A.D.3d 402 (2021)

141 N.Y.S.3d 688

2021 NY Slip Op 02056

600-602 10th Avenue Realty Corporation, Respondent, v. Estate of Hy Nusimow, Defendant. Avi Nusimow et al., Appellants, v. Esther Pinchevsky, Counterclaim Defendant-Respondent.

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

Decided April 1, 2021.


Attorney(s) appearing for the Case

Cohen & Marderosian, New York ( Mark D. Marderosian of counsel), for appellants.

Woods Lonergan PLLC, New York ( Annie E. Causey of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kern, González, Shulman, JJ.


The motion court dismissed the Nusimow defendants' first and second counterclaims and denied their motion for summary judgment on those counterclaims as moot. On appeal, the Nusimow defendants do not argue that the court erred in denying their motion as moot. Rather, they argue that they should have been granted summary judgment dismissing plaintiff's claims. However, they did not request that relief in their notice of motion. We note, moreover, that, contrary to the Nusimow...

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