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255 BUTLER ASSOC., LLC v. 255 BUTLER, LLC

2019-12448. Index No. 511560/15.

208 A.D.3d 838 (2022)

173 N.Y.S.3d 650

2022 NY Slip Op 05069

255 Butler Associates, LLC, Appellant, v. 255 Butler, LLC, et al., Respondents.

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

Decided August 31, 2022.

Attorney(s) appearing for the Case

Sills Cummis & Gross P.C. ( Mitchell D. Haddad , Matthew P. Canini , and Susman Godfrey LLP, New York, NY [ Jacob W. Buchdahl ], of counsel), for appellant.

Heller, Horowitz & Feit, P.C., New York, NY ( Stuart A. Blander and Eli Feit of counsel), for respondents.

Dillon, J.P., Roman, Maltese and Dowling, JJ., concur.

Ordered that the appeal from so much of the order as, in effect, denied those branches of the plaintiff's motion which were pursuant to CPLR 3126 to strike the defendants' answer and for judgment in its favor on the first cause of action is dismissed in light of our determinations on related appeals from orders dated February 14, 2019 (see 255 Butler Assoc., LLC v 255 Butler, LLC, 208 A.D.3d 831 [2022] [decided herewith]), and October 9, 2019 (see 255 Butler Assoc...

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