AMOS FIN., LLC v. NOYA 23, LLC

2017-10212. Index No. 501379/17.

196 A.D.3d 450 (2021)

146 N.Y.S.3d 843

2021 NY Slip Op 04210

Amos Financial, LLC, Appellant, v. Noya 23, LLC, et al., Respondents, et al., Defendants.

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

Decided July 7, 2021.


Attorney(s) appearing for the Case

Law Offices of Suzanne M. Carter LLC (Port and Sava, Lynbrook, NY [ George S. Sava , and Sharad Samy ], of counsel), for appellant.

Butler, Fitzgerald, Fiveson & McCarthy, New York, NY ( David K. Fiveson and Grail A. Moore of counsel), for respondents Noya 23, LLC, and Square Table, Inc.

Duffy, J.P., Barros, Brathwaite Nelson and Wooten, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the motion of the defendants Noya 23, LLC, and Square Table, Inc., which were pursuant to CPLR 3211(a) to dismiss the causes of action pursuant to Debtor and Creditor Law former §§ 273-a and 278, and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed insofar...

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