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MAVE HOTEL INVS. LLC v. TS WORLDWIDE, LLC

Index No. 156559/20. Appeal No. 13810-13810A. Case No. 2021-00530.

194 A.D.3d 489 (2021)

143 N.Y.S.3d 544

2021 NY Slip Op 02993

Mave Hotel Investors LLC, Appellant, v. TS Worldwide, LLC, Doing Business as HVS Consulting & Valuation Division of TS Worldwide, LLC, Respondent.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Law Offices of Robert M. Kaplan, White Plains ( Robert M. Kaplan of counsel), for appellant.

Milber Makris Plousadis & Seiden, LLP, Woodbury ( Patrick F. Palladino of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Oing, Singh, JJ.

Defendant, an appraiser retained by the nonparty lender to evaluate plaintiff borrower's property in connection with the lender's annual evaluation of the quality of the collateral, owed no duty to plaintiff (see Rotunno v Stiles, 7 A.D.3d 504 [2d Dept 2004]; Edelman v O'Toole-Ewald Art Assoc., Inc., 28 A.D.3d 250 [1st Dept 2006], lv denied 7 N.Y.3d 706 [2006]; Lombard v Booz-Allen...

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