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MATTER OF AMOS FIN., LLC v. NOYA 23, LLC

2018-04723. Index No. 518276/17.

196 A.D.3d 477 (2021)

147 N.Y.S.3d 418

2021 NY Slip Op 04221

In the Matter of Amos Financial, LLC, Appellant, v. Noya 23, LLC, et al., Respondents, et al., Respondents.

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 of counsel), for respondents-respondents Noya 23, LLC, and Square Table, Inc.

Milber Makris Plousadis & Seiden, LLP, Woodbury, NY ( Lorin A. Donnelly of counsel), for respondent-respondent Gennadiy Shimonov.

Forchelli Deegan Terrana LLP, Uniondale, NY ( Gregory S. Lisi and Lisa M. Casa of counsel), for respondent-respondent Roi Yosef.

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 that branch of the motion of Noya 23, LLC, and Square Table, Inc., which was pursuant to CPLR 3211(a) to dismiss the first cause of action insofar as asserted against them, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, with one bill of costs to Gennadiy Shimonov and Roi Yosef payable by the petitioner.

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