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NEW YORK TILE WHOLESALE CORP. v. THOMAS FATATO REALTY CORP.

2020-03290. Index Nos. 49320/01, 515280/18.

205 A.D.3d 727 (2022)

165 N.Y.S.3d 740

2022 NY Slip Op 03001

New York Tile Wholesale Corp., Appellant, v. Thomas Fatato Realty Corp. et al., Respondents. (Action No. 1.) New York Tile Wholesale Corp., Appellant, v. Herrick Feinstein, LLP, Respondent, et al., Defendants. (Action No. 2.)

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

Decided May 4, 2022.

Attorney(s) appearing for the Case

Feder Kaszovitz, LLP, New York, NY ( Murray L. Skala and Bruce Robins of counsel), for appellant.

Harris Beach, PLLC, White Plains, NY ( Darius P. Chafizadeh of counsel), for respondents in Action No. 1.

Pillsbury Winthrop Shaw Pittman, LLP, New York, NY ( David G. Keyko and Jay D. Dealy of counsel), for respondent in Action No. 2.

Brathwaite Nelson, J.P., Chambers, Wooten and Zayas, JJ., concur.

Ordered that the order dated January 30, 2020, is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff commenced an action, inter alia, to recover damages for breach of a lease and for specific performance of a provision of the lease (hereinafter action No. 1), and commenced a separate action, among other things, to recover damages for a violation of Judiciary Law § 487 (hereinafter...

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