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MATTER OF KASOWITZ, BENSON, TORRES & FRIEDMAN, LLP v. JPMORGAN CHASE BANK, N.A.

Index No. 157631/15. Appeal No. 16482-16483. Case Nos. 2021-03399, 2021-03400, 2022-00030.

209 A.D.3d 529 (2022)

177 N.Y.S.3d 23

2022 NY Slip Op 05792

In the Matter of Kasowitz, Benson, Torres & Friedman, LLP, Petitioner, v. JPMorgan Chase Bank, N.A., Appellant, The Dakota, Inc., Respondent, and Fletcher International, Ltd., et al., Intervenors-Respondents, et al., Respondent.

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

Decided October 18, 2022.

Attorney(s) appearing for the Case

Thompson Coburn Hahn & Hessen LLP, New York ( Zachary G. Newman of counsel), and Parker Ibrahim & Berg LLP, New York ( James P. Berg of counsel), for appellant.

Smith, Gambrell & Russell, LLP, New York ( John Van Der Tuin of counsel), for The Dakota Inc., respondent.

Concur—Acosta, P.J., Renwick, Singh, Scarpulla, JJ.

Judgment, Supreme Court, New York County (Lewis J. Lubell, J.), entered November 8, 2021, declaring that the lien of The Dakota, Inc. is prior to that of JPMorgan Chase Bank, N.A., unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about August 4, 2021, which granted the Dakota's summary judgment motion and denied Chase's summary judgment motion, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.<...

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