WARWICK ST PARTNERS LLC v. HARRIS

Index No. 29221/19E. Appeal No. 14886. Case No. 2020-03394.

200 A.D.3d 586 (2021)

155 N.Y.S.3d 758

2021 NY Slip Op 07093

Warwick St Partners LLC, Appellant, v. Ingrid Harris et al., Respondents.

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

Decided December 21, 2021.


Attorney(s) appearing for the Case

Lehrman & Maseng, PLLC, Brooklyn ( Michael A. Lehrman of counsel), for appellant.

Concur—Renwick, J.P., Oing, Singh, Scarpulla, Pitt, JJ.


Supreme Court dismissed the fourth and sixth causes of action as moot, based on its grant of default judgment against codefendant Harris on the breach of contract claim (see Singer Asset Fin. Co., LLC v Melvin, 33 A.D.3d 355, 358 [1st Dept 2006] [finding that the "plaintiff may not seek a declaratory judgment when other remedies are available, such as a breach of contract action"]). Plaintiff correctly argues that the breach of contract...

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