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110 EAST 138 REALTY LLC v. RYDAN REALTY, INC.

Index Nos. 24092/20E, 24427/20E. Appeal No. 16657-16658. Case Nos. 2021-03509, 2022-01965.

210 A.D.3d 513 (2022)

179 N.Y.S.3d 15

2022 NY Slip Op 06450

110 East 138 Realty LLC, Respondent, v. Rydan Realty, Inc., et al., Appellants. Rydan Realty, Inc., Respondent, v. 110 East 138 Realty LLC, Appellant.

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

Decided November 15, 2022.

Attorney(s) appearing for the Case

Abrams Fensterman, LLP, White Plains ( Robert A. Spolzino of counsel), for appellants/respondent.

Slarskey LLC, New York ( Evan Fried of counsel), for respondent/appellant.

Concur—Manzanet-Daniels, J.P., Webber, Mazzarelli, Friedman, Shulman, JJ.

Order, Supreme Court, Bronx County (Eddie J. McShan, J.), entered on or about May 21, 2021, which granted Rydan Realty, Inc.'s motion to dismiss the complaint as against it, unanimously affirmed, with costs. Order, same court and Justice, entered April 7, 2022, which, in an action by Rydan against 110 East 138 Realty LLC to retain a contract deposit as liquidated damages, granted Rydan's motion for summary judgment, unanimously affirmed, with costs.

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