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OLDEN GROUP, LLC v. 2890 REVIEW EQUITY, LLC

2019-03645, 2019-03647. Index No. 705889/18.

209 A.D.3d 748 (2022)

177 N.Y.S.3d 60

2022 NY Slip Op 05697

Olden Group, LLC, Appellant, v. 2890 Review Equity, LLC, et al., Respondents.

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

Decided October 12, 2022.

Attorney(s) appearing for the Case

Lonuzzi & Woodland, LLP, Brooklyn, NY ( John Lonuzzi and Mischel & Horn, P.C. [ Scott T. Horn ], of counsel), for appellant.

DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, NY (Nelida Lara and Peter S. Dawson of counsel), respondent pro se and for respondents 2890 Review Equity, LLC, and 2890 Review TIC Owner, LLC.

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

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from two orders of the Supreme Court, Queens County (Marguerite A. Grays, J.), both dated March 29, 2019. The first order, insofar as appealed from, granted that branch of the defendants' motion which was pursuant to CPLR 3211(a) to dismiss the complaint. The second order granted the defendants' motion pursuant to CPLR 6512 and 6514(a) to cancel a notice of pendency filed by the plaintiff...

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