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SHEVLIN v. WONDER WORKS CONSTR. CORP.

Index No. 150348/14. Appeal No. 16990. Case No. 2021-04693.

211 A.D.3d 654 (2022)

182 N.Y.S.3d 56

2022 NY Slip Op 07526

Scott Shevlin, Respondent, v. Wonder Works Construction Corp., Appellant, et al., Defendants.

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

Decided December 29, 2022.

Attorney(s) appearing for the Case

Tsyngauz & Associates, P.C., New York ( Steven N. Gordon of counsel), for appellant.

Michael G. O'Neill , New York, for respondent.

Concur—Kern, J.P., Kennedy, Scarpulla, Pitt-Burke, Higgitt, JJ.

Judgment, Supreme Court, New York County (Nancy M. Bannon, J.), entered December 14, 2021, to the extent appealed from, awarding plaintiff damages against defendant Wonder Works Construction Corp., and bringing up for review an order, same court and Justice, entered on or about March 1, 2018, which denied defendants' motion to dismiss the complaint, unanimously affirmed, with costs.

Dismissal of the complaint under CPLR 3211(a)(7) was not warranted because the complaint...

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