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HOV SERVS., INC. v. ASG TECH. GROUP, INC.

Index No. 657346/20. Appeal No. 17134. Case No. 2022-00865.

212 A.D.3d 503 (2023)

183 N.Y.S.3d 66

2023 NY Slip Op 00237

HOV Services, Inc., Respondent-Appellant, v. ASG Technologies Group, Inc., Appellant-Respondent.

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

Decided January 19, 2023.

Attorney(s) appearing for the Case

Chiesa Shahinian & Giantomasi PC, New York ( Ronald L. Israel of counsel), and Stokes Lawrence, P.S., Seattle, WA ( Shannon Jost of the Bar of the State of Washington, admitted Pro Hac Vice, of counsel), for appellant-respondent.

Tarter Krinsky & Drogin, LLP, New York ( Richard C. Schoenstein of counsel), for respondent-appellant.

Concur—Renwick, J.P., Webber, Moulton, González, Rodriguez, JJ.

Order, Supreme Court, New York County (Andrew Borrok, J.), entered January 28, 2022, which, insofar as appealed from as limited by the briefs, (a) granted defendant's motion to dismiss as to plaintiff's fraudulent inducement claim, but denied it as to plaintiff's breach of the implied covenant of good faith and fair dealing claim and affirmative defense and declaratory judgment claim; (b) granted defendant's motion for partial summary judgment as to plaintiff's fraud and...

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