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INNER HARBOR PHASE I L.P. v. COR INNER HARBOR CO. LLC

723 CA 22-00243.

211 A.D.3d 1475 (2022)

182 N.Y.S.3d 821

2022 NY Slip Op 07319

Inner Harbor Phase I L.P., Respondent, v. COR Inner Harbor Company LLC et al., Appellants. Zhiyao Ding, Also Known as Dan Ding, Individually and on Behalf of Similarly Situated Limited Partners of Inner Harbor Phase I L.P., Proposed Intervenor-Appellant.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

CULLEN AND DYKMAN LLP, ALBANY ( CHRISTOPHER E. BUCKEY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

KIRWAN LAW FIRM, PC, SYRACUSE ( TERRY J. KIRWAN, JR. , OF COUNSEL), FOR PROPOSED INTERVENOR-APPELLANT.

LYNN, D'ELIA, TEMES & STANCZYK, SYRACUSE ( DAVID C. TEMES OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.

Appeals from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered October 25, 2021. The order, inter alia, denied in part the motion of defendants to dismiss the second through fifth causes of action and denied the cross motion of Zhiyao Ding, also known as Dan Ding, insofar as he sought leave to intervene.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

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