MESIVTA & YESHIVA GEDOLAH OF MANHATTAN BEACH v. VNB N.Y., LLC

2018-10903. Index No. 511965/17.

197 A.D.3d 703 (2021)

153 N.Y.S.3d 132

2021 NY Slip Op 04751

Mesivta and Yeshiva Gedolah of Manhattan Beach, Appellant, v. VNB New York, LLC, Respondent.

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

Decided August 25, 2021.


Attorney(s) appearing for the Case

Aron Law PLLC, Brooklyn, NY ( Joseph H. Aron of counsel), for appellant.

Mantel McDonough Riso, LLP, New York, NY ( Gerard A. Riso and Mark I. Chinitz of counsel), for respondent.

Dillon, J.P., Miller, Barros and Connolly, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for, inter alia, breach of contract, fraud, and violation of Real Property Law § 254. Prior to joinder of issue, the defendant moved pursuant to CPLR 3211(a) to dismiss the complaint. The defendant contended, among other things, that the action was barred by a release contained in a forbearance and settlement agreement dated January...

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