MATTHEWS, KIRST & COOLEY, PLLC v. PLAZA SURF & SPORTS, INC.

2020-00181, Index No. 603757/19.

206 A.D.3d 716 (2022)

169 N.Y.S.3d 674

2022 NY Slip Op 03718

Matthews, Kirst & Cooley, PLLC, Respondent, v. Plaza Surf & Sports, Inc., et al., Defendants, Sag Harbor Pooh, LLC, Appellant-Respondent, and Addo Sag Harbor, LLC, Respondent-Appellant.

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

Decided June 8, 2022.


Attorney(s) appearing for the Case

Ingram Yuzek Gainen Carroll & Bertolotti, LLP, New York, NY ( Cory L. Weiss , Mioko C. Tajika , and Andrew M. Clark of counsel), for defendant-appellant-respondent.

Wallace Neel , New York, NY, for defendant-respondent-appellant.

Matthews, Kirst & Cooley, PLLC, East Hampton, NY (Brian E. Matthews of counsel), plaintiff-respondent pro se.

Iannacci, J.P., Rivera, Miller and Maltese, JJ., concur.


Ordered that the order and judgment is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant Addo Sag Harbor, LLC, which was for summary judgment directing the plaintiff to release the disputed funds to it, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the plaintiff, payable by the defendant...

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