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125 CHURCH ST. CO. v. FELDMAN HERITAGE, LLC

Index No. 650769/14. Appeal No. 15268. Case No. 2020-04214.

202 A.D.3d 461 (2022)

158 N.Y.S.3d 827

2022 NY Slip Op 00804

125 Church Street Company, Formerly Known as 125 Church Street Development Company, Appellant, v. Feldman Heritage, LLC, Defendant. Tribeca Space Managers, Inc., Nonparty Respondent.

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

Decided February 8, 2022.

Attorney(s) appearing for the Case

Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola ( Jason K. Blasberg and Loretta M. Gastwirth of counsel), for appellant.

Rivkin Radler LLP, New York ( Evan Schieber of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, González, Shulman, Higgitt, JJ.

The motion court providently exercised its discretion in granting the motion of nonparty Tribeca Space Managers, Inc., the board of managers of the condominium at 25 Murray Street that is adjacent to and shares a lobby and a temporary certificate of occupancy with plaintiff 125 Church Street, to intervene for the purpose of filing a pleading asserting claims seeking limited relief to the extent this action may affect its interests in the shared temporary certificate of occupancy...

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