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TOBON v. PITA OFF THE CORNER, INC.

Index No. 651039/20. Appeal No. 14443. Case No. 2021-00406.

198 A.D.3d 555 (2021)

152 N.Y.S.3d 819

2021 NY Slip Op 05802

Andres Tobon, Respondent, v. Pita off the Corner, Inc., et al., Appellants, et al., Defendants.

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

Adam Waknine , Brooklyn, for appellants.

Jardim, Meisner & Susser, P.C., New York ( Scott D. Salmon of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.

Plaintiff commenced this action alleging that defendants reneged on a promise to sell him a Manhattan restaurant. In 2016, plaintiff timely commenced a prior action alleging breach of contract, unjust enrichment and fraud. In 2019, Supreme Court "administratively" dismissed the action when the parties failed to appear for a status conference. When Supreme Court denied plaintiff's motion to vacate the dismissal, plaintiff commenced this action alleging the same claims asserted...

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