MELROSE ASSOCIATES LIMITED PARTNERSHIP v. FLORAL ASSOCIATES LIMITED PARTNERSHIP

Index No. 651323/20. Appeal No. 17108. Case No. 2022-02314.

212 A.D.3d 482 (2023)

179 N.Y.S.3d 906

2023 NY Slip Op 00181

Melrose Associates Limited Partnership, Appellant/Counterclaim Defendant-Appellant, v. Floral Associates Limited Partnership et al., Respondents/Counterclaim Plaintiffs-Respondents, et al., Counterclaim Defendant.

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

Decided January 17, 2023.


Attorney(s) appearing for the Case

Law Office of Allen Bodner, New York ( Allen Bodner of counsel), for appellant.

Sherin and Lodgen LLP, Boston, MA ( Edward S. Cheng of the bar of the Commonwealth of Massachusetts, admitted pro hac vice, of counsel), and Ruskin Moscou Faltischek, P.C., Uniondale ( Michael A. H. Schoenberg of counsel), for respondents.

Concur—Kapnick, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.


Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about May 5, 2022, which, to the extent appealed from as limited by the briefs, denied plaintiff's motion to dismiss the counterclaims interposed by defendants/counterclaim plaintiffs Floral Associates Limited Partnership, Joseph R. Cefalo, Frederick W. Cefalo, and Stephen R. Cefalo, unanimously affirmed, without costs.

None of the evidence that plaintiff...

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