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CITY OF NEW YORK v. LAND AND BLDG. KNOWN AS 4802 4TH AVE.

2019-05161. Index No. 1236/18.

209 A.D.3d 972 (2022)

177 N.Y.S.3d 312

2022 NY Slip Op 05988

City of New York, Appellant, v. Land and Building Known as 4802 4th Avenue et al., Defendants, and City Tobacco House 1 Corp., Respondent.

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

Decided October 26, 2022.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Scott Shorr and Ingrid R. Gustafson of counsel), for appellant.

Iannacci, J.P., Zayas, Genovesi and Ford, JJ., concur.

In an action, inter alia, for a permanent injunction to abate a public nuisance, the plaintiff appeals from an order of the Supreme Court, Kings County (Reginald A. Boddie, J.), dated December 14, 2018. The order, insofar as appealed from, granted the motion of the defendant City Tobacco House 1 Corp. pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against it.

Ordered that the order is reversed...

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