AZULAY v. MALUL

2018-11255. Index No. 706158/14.

194 A.D.3d 680 (2021)

143 N.Y.S.3d 603

2021 NY Slip Op 02779

Ziv Azulay, Respondent, v. Shalom Malul et al., Appellants.

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

Decided May 5, 2021.


Attorney(s) appearing for the Case

Gordon & Haffner, LLP (Mauro Lilling Naparty LLP, Woodbury, NY [ Anthony F. DeStefano ], of counsel), for appellants.

Kennedy Lillis Schmidt & English, New York, NY ( John T. Lillis, Jr. , of counsel), for respondent.

Rivera, J.P., Miller, Brathwaite Nelson and Christopher, JJ., concur.


Ordered that the judgment is reversed, on the law, with costs, the defendants' motion pursuant to CPLR 4401 for judgment as a matter of law dismissing the complaint made at the close of the plaintiff's case is granted, and the complaint is dismissed.

The plaintiff and the defendants allegedly entered into an agreement to develop a parcel of real estate and then sell it to a third party. The property was developed and sold to a third party in 2005. In 2014, the plaintiff...

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