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PASQUALE CONDOMINIUM BD. OF MGRS. v. 1094 GROUP, LLC

297 CA 21-00377.

207 A.D.3d 1114 (2022)

172 N.Y.S.3d 263

2022 NY Slip Op 04444

The Pasquale Condominium Board of Managers et al., Respondents-Appellants, v. 1094 Group, LLC, et al., Respondents, and Concept Construction Corp. et al., Appellants-Respondents. (Appeal No. 1.)

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

Decided July 8, 2022.

Attorney(s) appearing for the Case

DUKE, HOLZMAN, PHOTIADIS & GRESENS LLP, BUFFALO ( ELIZABETH A. KRAENGEL OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT CONCEPT CONSTRUCTION CORP.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( AARON W. KNIGHTS OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT R.E. KRUG CORP.

HURWITZ & FINE, P.C., BUFFALO ( MICHAEL F. PERLEY OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.

WOODS OVIATT GILMAN LLP, BUFFALO ( WILLIAM ELMER BRUECKNER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present— Smith, J.P., Centra, NeMoyer and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion of defendants 1094 Group, LLC and 10 Ellicott Square Court Corporation in part and reinstating the second cause of action against those defendants, and as modified the order is affirmed without costs.

Memorandum: These consolidated appeals arise from a construction project at a residential condominium building in Buffalo. In 2014, defendants 1094 Group, LLC...

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