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BLACKSTOCK v. AVR CROSSROADS, LLC

Index No. 155167/12. Appeal No. 16938. Case No. 2022-00130.

211 A.D.3d 568 (2022)

178 N.Y.S.3d 446

2022 NY Slip Op 07179

Albert Blackstock et al., Appellants, v. AVR Crossroads, LLC, et al., Respondents, et al., Defendants.

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

Decided December 20, 2022.

Attorney(s) appearing for the Case

Law Offices of Ira M. Perlman, P.C., New York ( Robert D. Rosen , of counsel), for appellants.

McGaw & Alventosa, Jericho ( Mary C. Azzaretto of counsel), for AVR Crossroads, LLC and Boston Properties Limited Partnership, respondents.

Sabatini & Associates, New York ( Steve S. Efron of counsel), for Schindler Elevator Corporation, respondent.

Concur—Manzanet-Daniels, J.P., Oing, Singh, Scarpulla, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered December 1, 2021, which denied plaintiffs' motion to strike the answer of defendant Schindler Elevator Corporation (Schindler) and the answer of defendants AVR Crossroads, LLC (AVR) and Boston Properties Limited Partnership (Boston) or, alternatively, for an adverse inference concerning certain documents, unanimously affirmed, without costs.

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