LANCASTER MANOR LLC v. COMPREHENSIVE AT LANCASTER, LLC

64 CA 20-00763.

202 A.D.3d 1446 (2022)

158 N.Y.S.3d 904

2022 NY Slip Op 00763

Lancaster Manor LLC et al., Respondents, v. Comprehensive at Lancaster, LLC, Doing Business as Symphony Manor at Lancaster, et al., Appellants, et al., Defendant. Comprehensive at Lancaster, LLC, Doing Business as Symphony Manor at Lancaster, et al., Third-Party Plaintiffs-Appellants, v. Neil Zyskind et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided February 4, 2022.


Attorney(s) appearing for the Case

SCHLOSS & SCHLOSS, AIRMONT ( JONATHAN B. SCHLOSS OF COUNSEL), FOR DEFENDANTS-APPELLANTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS.

LAZARUS & LAZARUS, P.C., NEW YORK CITY ( YVETTE J. SUTTON OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS AND THIRD-PARTY DEFENDANTS-RESPONDENTS.

Present—Peradotto, J.P., Lindley, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of the motion with respect to the fourth cause of action and reinstating that cause of action, and as modified the order is affirmed without costs.

Memorandum: In this dispute arising from operation and purchase agreements involving an adult care facility, defendants/third-party plaintiffs Comprehensive at Lancaster, LLC, doing business as Symphony Manor at...

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